California

Recent Developments

For significant developments in California firearms law enacted in 2009, please see LCAV's Recent Developments in State Law page.

State Law Summary

Last updated July 2, 2008.

LOCAL LAWS

Where local regulations exist on a particular policy, the local ordinance symbol appears next to that policy heading. For details, click the appropriate symbol, or go to the California Local Ordinance Summary index.

Gun Deaths and Injuries

State Right to Bear Arms

State Preemption

State Firearms Policies

Ammunition Regulation
Assault Weapons
Background Checks
Ballistic Fingerprinting
Carrying Firearms
Child Access Prevention
Dealer Regulations
Domestic Violence and Firearms
Gun-Free Schools
Gun Shows
Gun Tracing
Immunity Statutes / Manufacturer Litigation
Junk Guns / Saturday Night Specials

Large Caliber Firearms
Large Capacity Ammunition Magazines
Licensing of Gun Purchasers / Owners
Locking Devices
Mental Health Reporting
Microstamping
Minimum Age to Purchase / Possess
Multiple Purchases/Sales of Firearms
Non-Powder Guns/Imitation Firearms
Personalized / Smart Guns
Private / Secondary Sales
Registration of Guns
Reporting of Lost or Stolen Firearms
Waiting Periods

State Resources

In 2005, 3,434 people died from firearm-related injuries in California. California Department of Health Services, Epidemiology and Prevention for Injury Control Branch (EPIC), Firearm Injuries in California (2008).

In 2005, 4,553 people were hospitalized for non-fatal gunshot wounds in California. California Department of Health Services, Epidemiology and Prevention for Injury Control Branch (EPIC), Firearm Injuries in California (2008).

The California Constitution contains no provision regarding a "right to bear arms." See Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (holding that no "right to bear arms" exists under the California Constitution).

Article XI, § 7 of the California Constitution provides that "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." Under this provision, a local government’s police power is as broad as the state Legislature's power, and a city or county may act to protect the welfare of its residents. Candid Enterprises v. Grossmont Union High School District, 705 P.2d 876, 882 (Cal. 1985). A local government's police power includes the power to regulate firearms. Galvan v. Superior Court of San Francisco, 452 P.2d 930 (Cal. 1969).

Ordinances enacted pursuant to the police power are valid unless they conflict with state law. Sherwin-Williams Co. v. City of Los Angeles, 844 P.2d 534, 536 (Cal. 1993). A conflict exists if the ordinance contradicts, duplicates, or enters an area occupied by general law, either expressly or by legislative implication. Id. at 536-7.

"An ordinance contradicts state law if it is inimical to state law; i.e., it penalizes conduct that state law expressly authorizes or permits conduct which state law forbids." Suter v. City of Lafayette, 67 Cal. Rptr. 2d 420, 428 (Cal. Ct. App. 1997). Local law is duplicative of state law if it is coextensive with state law. Sherwin-Williams, 844 P.2d at 536. Finally, "local legislation enters an area that is 'fully occupied' by [state] law when the Legislature has expressly manifested its intent to ‘fully occupy’ the area or when it has impliedly done so." Id. at 536-7. (citations omitted)

The California Legislature has expressly preempted the following areas of firearms law: 1) licensing or registration of commercially manufactured firearms (Cal. Gov't Code § 53071); 2) licensing or permitting with respect to the purchase, ownership, possession or carrying of a concealable firearm in the home or place of business (Cal. Penal Code § 12026); and 3) regulation of the manufacture, sale or possession of "imitation firearms" (Cal Gov't Code § 53071.5).

California Government Code § 53071 provides:

It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in section 1721 of the Labor Code.

California Penal Code § 12026(b) provides:

No permit or license to purchase, own, possess, keep, or carry…shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

California Government Code § 53071.5 provides:

By the enforcement of this section, the Legislature occupies the whole field of regulation of the manufacture, sale, or possession of imitation firearms, as defined in section 12550 of the Penal Code, and that section shall preempt and be exclusive of all regulations relating to the manufacture, sale, or possession of imitation firearms, including regulations governing the manufacture, sale, or possession of BB devices and air rifles described in subdivision (g) of Section 12001 of the Penal Code.

In addition, California generally permits local regulation of sport shooting ranges, but provides that local jurisdictions may not enforce new or amended noise control laws on shooting ranges that are in operation and not in violation of existing law at the time of the enactment of the new or amended noise control ordinance, if there has been no substantial change in the nature or use of the range. Cal. Civ. Code § 3482.1(d).

Courts will not infer preemption unless the circumstances clearly indicate the Legislature intended to preempt the field. California Rifle and Pistol Ass'n, Inc. v. City of West Hollywood, 78 Cal. Rptr. 2d 591, 600 (Cal. Ct. App. 1998) (holding that state law did not preempt a local ordinance banning the sale of Saturday Night Specials).

The Supreme Court of California has held that local regulation may be preempted when the Legislature "has impliedly done so in light of one of the following indicia of intent:"

(1) the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the [locality].

Sherwin-Williams Co., 844 P.2d at 537 (citations omitted).

Courts have looked to the Legislature’s response to court rulings as an indicator of legislative intent. When courts have ruled that the field of firearms regulation or subfields of firearms regulation are not preempted, the Legislature has responded by choosing to preempt only a few subfields and not to preempt the entire field of firearms or other subfields of firearms regulation; courts have found that such a response indicates an intent not to preempt local regulation. Ultimately, the question to be resolved in an implied preemption analysis "is not whether a statute grants [a locality] a power, but whether a statute deprives [a locality] of a power already bestowed upon the [locality] by the Constitution." Id. at 602. See also Id. at 598-601 (Legislature's history of selective and narrow preemption in response to courts holding that the Legislature had not preempted local firearms regulations indicated that the Legislature had expressly avoided preemption).

Suter v. City of Lafayette, supra, involved a preemption challenge to an ordinance regulating the location and operation of firearms dealers. Gun sellers challenged the ordinance on state preemption grounds. The court of appeal dismissed the action, holding that local governments are not generally excluded by state law from imposing additional licensing requirements on firearm dealers. Suter, 67 Cal. Rptr. 2d at 422. The court found that, with one exception (it struck down the portion of the ordinance regulating firearm storage), the ordinance provisions did not conflict with, duplicate, or enter into a field fully occupied by state law and were not, therefore, preempted. Id.

In Doe v. City and County of San Francisco, 186 Cal. Rptr. 380 (Cal. Ct. App. 1982), the Court of Appeal of California held that Gov't Code § 53071 and Penal Code § 12026 expressly preempted a local ordinance banning the possession of handguns. Because the ordinance contained an explicit exception for concealed weapons licensees, the court found that the measure had the effect of creating a new class of persons who would be required to obtain a license in order to possess a handgun in their home or place of business. Id. at 384. The court also stated that:

If we were to find in the San Francisco Handgun Ordinance no "licensing" requirement within the express wording of Government Code section 53071 and Penal Code section 12026, we would still reach the conclusion that state law preempts the San Francisco ordinance under the theory of implied preemption. It is at least arguable that the state Legislature's adoption of numerous gun regulations has not impliedly preempted all areas of gun regulation. However, we infer from Penal Code section 12026 that the Legislature intended to occupy the field of residential handgun possession to the exclusion of local governmental entities. A restriction on requiring permits and licenses necessarily implies that possession is lawful without a permit or license.

Id. at 385 (citation omitted).

Cases subsequent to Doe demonstrate that section 12026 should be read narrowly. See City of West Hollywood, 78 Cal. Rptr. 2d at 605 (rejecting argument that section 12026 creates a broad right to purchase or possess any handgun not specifically prohibited by state law).

The Supreme Court of California reaffirmed the authority of local governments to regulate firearms – this time in the context of gun shows – in two related cases: Great Western Shows, Inc. v. County of Los Angeles, 44 P.3d 120 (Cal. 2002) and Nordyke v. King, 44 P.3d 133 (Cal. 2002). Great Western involved a challenge to a Los Angeles County ordinance prohibiting the sale of firearms and ammunition on county-owned property. The County adopted the ordinance after a California Department of Justice undercover operation revealed numerous illegal firearm sales at a gun show held on the county fairgrounds. Legislative findings accompanying the ordinance also recited the high incidence of gun-related deaths and injuries in the County.

Great Western Shows, Inc., a gun show promoter, filed suit in the United States District Court for the Central District of California, alleging, among other things, that the ordinance was preempted by state law and violated the First Amendment. The district court granted a preliminary injunction, holding that the complaint raised substantial questions regarding whether state law preempted the ordinance. The County filed an interlocutory appeal in the U.S. Court of Appeals for the Ninth Circuit, which then certified to the state supreme court questions relating to preemption and jurisdiction.

The supreme court upheld the ordinance, rejecting plaintiff's claim that state law has preempted the field of gun show regulation. The court observed that there is no express preemption in this area, noting that, on the contrary, Penal Code sections 12071 (concerning the licensing of firearm dealers) and 12071.4 (regulating gun shows) explicitly acknowledge the existence of local laws pertaining to gun shows. The court found the ordinance not duplicative of or in conflict with state law, stating that although gun show statutes regulate, inter alia, the sale of guns at gun shows and therefore contemplate gun shows, the statutes do not mandate sales such that a limitation of sales on county property would be in direct conflict with the statutes. Great Western, 44 P.3d at 128.

The court refused to find implied preemption under the three "indicia of intent" detailed in Sherwin-Williams Co., supra, finding first that state law does not clearly indicate that gun show regulation has become exclusively a matter of state concern. The court declined to find a "paramount state concern" that will not tolerate further local action, noting judicial reluctance to find such a concern where there is a significant local interest to be served that may differ from one community to another: "It is true today as it was more than 30 years ago when we stated it in Galvan, '[t]hat problems with firearms are likely to require different treatment in San Francisco County than in Mono County.' (Galvan, supra, 70 Cal. 2d at p. 864.)" Thus, the court found, the costs and benefits of making firearms more available through gun shows to the populace of a heavily urban county such as Los Angeles may well be different than in rural counties, where violent gun-related crime may not be as prevalent. Great Western, 44 P.3d at 128-129.

The court also refused to find implied preemption under the third "indicia of intent," agreeing with previous cases that "[l]aws designed to control the sale, use or possession of firearms in a particular community have very little impact on transient citizens." Great Western, 44 P.3d at 129. See Galvan, 452 P.2d at 939.

In addition, the court rejected Great Western's claim that, while state law may permit local gun show regulations, it would not tolerate a regulation that would have the effect of banning of such shows. The court found nothing in state law to indicate a stated purpose of promoting or encouraging gun shows; rather, state law merely acknowledges that such shows take place and regulates them to promote public safety. The court noted further that the ordinance does not affect gun shows countywide, but only disallows gun sales on county-owned property. The court found that none of the gun show statutes impliedly seek to override a county's ability to manage its property and make fundamental decisions regarding its use:

Aside from First Amendment public forum considerations or special statutory requirements not before us, the County is not compelled to grant access to its property to all comers. Nor do the gun show statutes mandate that counties use their property for such shows. If the County does allow such shows, it may impose more stringent restrictions on the sale of firearms than state law prescribes.

Great Western, 44 P.3d at 130-131.

The Supreme Court of California issued a similar ruling in Nordyke v. King, 44 P.3d 133 (Cal. 2002), rejecting a challenge to an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. The County had adopted the ordinance after a mass shooting at the county fairgrounds on July 4, 1998, and recited the epidemic of gunshot fatalities and injuries in the County as additional justification for the ordinance.

Nordyke was filed by gun show promoters in the United States District Court for the Northern District of California. Plaintiffs sought to enjoin enforcement of the ordinance, arguing that it was preempted by state law and violated the First Amendment. The district court rejected these arguments and plaintiffs filed an interlocutory appeal in the Ninth Circuit. As in the Great Western case, the Ninth Circuit certified to the Supreme Court of California the question of whether state law preempted the ordinance.

Incorporating its analysis and holding in Great Western, the supreme court found that state law does not preempt the Alameda County ordinance. The court held that the ordinance does not duplicate or contradict state law governing the possession of firearms, including Penal Code section 171b, which exempts from its prohibition on gun possession in public buildings persons who lawfully possess firearms at gun shows:

The provision merely exempts gun shows from the state criminal prohibition on possessing guns in public buildings, thereby permitting local government entities to authorize such shows. It does not mandate that local government entities permit such a use, and the Nordykes cite no legislative history indicating otherwise.

Nordyke, 44 P.3d at 138.

The court noted that the ordinance may be more restrictive than state statutes inasmuch as the latter provide more exceptions to the general prohibition on firearm possession (e.g., those for animal control officers). However, the court stated that "the fact that certain classes of persons are exempt from state criminal prosecution for gun possession does not necessarily mean that they are exempt from local prosecution for possessing the gun on restricted county property." Id. In addition, the court held that even if the ordinance were partially preempted, it would not be invalidated as a whole.

Most recently, in Fiscal v. City and County of San Francisco, 158 Cal. App. 4th 895 (Cal. Ct. App. 2008), the Court of Appeal of California, First Appellate District (the same court that decided the Doe case), considered whether Proposition H, a municipal ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents, was preempted by state law. The court held that Penal Code section 12026(b) and Government Code section 53071 preempted the ban on handgun possession. The court also found that section 53071 and Penal Code sections 12026(b) and 12125 - 12133 (the state Unsafe Handgun Act) preempted the transfer and manufacture prohibitions. The California Supreme Court declined to review the case.

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page. For more information about the Second Amendment claims raised in Nordyke, click here.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

*New Legislation Alert* See LCAV's Recent Developments in State Law page.

Purchase/Possession Prohibitions

California prohibits any person from owning, possessing, or having under his or her custody or control any ammunition or reloaded ammunition if the person falls into any of the categories of persons who are ineligible to purchase or possess firearms under state law. Cal. Penal Code § 12316(b). See the California Background Checks section for detailed information on prohibited purchasers/possessors.

Minimum Age Laws

California generally prohibits the possession of live ammunition by persons under 18 years of age. Section 12101(b).

Sellers of ammunition are prohibited from transferring ammunition to minors (persons under age 18 for any ammunition; persons under age 21 for handgun ammunition). Section 12316(a)(1). As a defense to criminal prosecution for violation of section 12316(a)(1), sellers or their agents or employees may present evidence that the minor presented identification demonstrating that he or she was actually the age of majority, and that the seller, agent or employee acted in reasonable reliance on this identification. Section 12316(a)(2).

Restricting Locations Where Ammunition May be Possessed

California prohibits carrying ammunition onto school grounds, subject to limited exceptions. Section 12316(c).

Regulation of Unreasonably Dangerous Ammunition

California bans the manufacture, importation, sale, offer for sale, or knowing possession or transportation of handgun ammunition designed primarily to penetrate metal or armor. Sections 12320, 12321. The state also prohibits the possession, sale, offer for sale, or knowing transportation of a "destructive device," defined to include “[a]ny projectile containing any explosive or incendiary material” or any other chemical substance including, but not limited to, that commonly known as tracer or incendiary ammunition (except tracer ammunition manufactured for use in shotguns), and any “explosive missile.” Sections 12301(a)(1), (2), 12303, 12303.6. The state provides for the limited issuance of permits to possess or transport any destructive device, issued at the discretion of the California Department of Justice. Section 12305.

California prohibits the manufacture, importation, keeping or offering for sale, transfer or possession of any flechette dart. A flechette dart is defined as a “dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body.” Sections 12020(a)(1), 12020(c)(6).

In addition, the state generally prohibits any person, firm or corporation from selling, offering for sale, possessing or knowingly transporting any fixed ammunition greater than 0.60 caliber. Section 12304.

Ammunition Regulation at Gun Shows

At all gun shows in California, ammunition may be displayed only in closed containers, unless the seller is showing the ammunition to a prospective buyer. Section 12071.4(d). In addition, no person at a gun show in California, other than security personnel or sworn peace officers, can possess at the same time both a firearm and ammunition that is designed to be fired in the firearm. Section 12071.4(g). Vendors selling such items at the show are exempt. See the California Gun Shows section for detailed information on the regulation of gun shows.

California prohibits any person from manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending any assault weapon within the state. Cal. Penal Code § 12280(a)(1). However, the California Department of Justice ("DOJ") may, upon a finding of good cause, issue permits for the manufacture or sale of assault weapons for sale to certain agencies, persons, entities, governments, or law enforcement bodies. Section 12287.

With limited exceptions, no person may possess an assault weapon unless he or she possessed the firearm prior to the date it was defined as an assault weapon and registered the firearm with DOJ in the timeframe established by state law. Sections 12280, 12285 and 12286. Generally, no lawfully possessed assault weapon may be sold or transferred to anyone within California other than to a licensed gun dealer or a police or sheriff's department. Section 12285(b).

Section 12276 lists firearms that have been deemed assault weapons. Section 12276.1 states that the term "assault weapon" also includes any:

Semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following: 1) a pistol grip that protrudes conspicuously beneath the action of the weapon; 2) a thumbhole stock; 3) a folding or telescoping stock; 4) a grenade or flare launcher; 5) a flash suppressor; or 6) a forward pistol grip;
Semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds;
Semiautomatic, centerfire rifle that has an overall length of less than 30 inches;
Semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following: 1) a threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer; 2) a second handgrip; 3) a shroud that is attached to, or partially or completely encircles, the barrel allowing the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or 4) the capacity to accept a detachable magazine at some location outside of the pistol grip;
Semiautomatic pistol with a fixed magazine that has the capacity to accept more than ten rounds;
Semiautomatic shotgun that has both a folding or telescoping stock, and a pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip;
Semiautomatic shotgun that has the ability to accept a detachable magazine;
Shotgun with a revolving cylinder.

California’s Attorney General is required to promulgate a list specifying all firearms that are designated as assault weapons. Section 12276.5. Provisions that permitted a judicial procedure for declaring a firearm an assault weapon were repealed in 2006, and a provision that authorized the Attorney General to declare a firearm an assault weapon ended in 2007.

Antique firearms (i.e., firearms manufactured prior to 1899), and certain pistols that are designed expressly for use in Olympic target shooting events, are exempted. Id.

California does not ban kits that allow a person to convert a lawful firearm into an assault weapon.

Any person owning a lawfully registered assault weapon may possess the firearm under the following limited conditions, unless he or she obtains a permit for additional uses under section 12286:

At the person’s residence, place of business, or other property owned by that person, or on property owned by another with the owner’s express permission;
While on a target range of a public or private club or organization organized for the purpose of practicing target shooting;
While on a target range that holds a regulatory or business license for the purpose of practicing shooting at a target range;
While at a shooting club licensed pursuant to the Fish and Game Code;
While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms;
While on publicly owned land if the possession and use of a firearm described in section 12276, 12276.1, 12276.5, or 12278 is specifically permitted by the managing agency of the land; or
While transporting the firearm between any of the places mentioned above, or to any licensed gun dealer for servicing and repair (if the assault weapon is transported as required by § 12026.1).

Section 12285(c).

DOJ has the authority to conduct an annual security and safe storage inspection, and verify the assault weapon inventory, of any individual, firm or corporation that holds a permit to own or possess an assault weapon. Section 12289.5(a). Permit holders that maintain an inventory of fewer than five assault weapon devices are subject to such DOJ inspections only once every five years, or more frequently if deemed necessary by DOJ. Section 12289.5(b).

California law provides that the possession of an assault weapon in violation of state laws is a public nuisance. The Attorney General, any district attorney, or any city attorney may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon that is a public nuisance. Section 12282(a). A superior court may impose a civil fine not to exceed $300 for the first assault weapon deemed a public nuisance, and up to $100 for each additional assault weapon deemed a public nuisance. Section 12282(b).

Any assault weapon deemed a public nuisance shall be destroyed, except upon finding by a court, or a declaration from the state Department of Justice, a district attorney, or a city attorney stating that the preservation of the assault weapon is in the interest of justice. Section 12282(c). Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon shall be deemed a public nuisance and disposed of pursuant to section 12028(d). Section 12282(d).

For state assault weapon regulations, see Cal. Code Regs. tit. 11, §§ 5459 – 5473.

The courts have rejected legal challenges to California’s assault weapons ban. See Kasler v. Lockyer, 2 P.3d 581 (Cal. 2000) (holding, inter alia, that the ban does not violate equal protection of the law because the statute does not burden a fundamental constitutional right to "bear arms," as no such right exists under the California constitution). See also Silveira v. Lockyer, 312 F.3d 1052, (9th Cir. 2002), petition for rehearing and rehearing en banc denied, 328 F.3d 567 (9th Cir. 2003) (en banc), cert. denied, 540 U.S. 1046 (2003) (rejecting federal constitutional challenges to the ban, holding, inter alia, that the Second Amendment only protects the collective right of the people to maintain well-regulated militias).

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In California, the California Department of Justice ("DOJ") serves as a state point of contact for implementation of the Brady Act. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). With limited exceptions, all firearms transfers must be conducted through a licensed dealer. See Cal. Penal Code §§ 12071, 12072. Dealers then process each firearms transfer through DOJ, which in turn uses NICS and other databases (including its own records, and those it is authorized to request from the State Department of Mental Health) to verify that prospective purchasers are not prohibited from possessing a firearm. Section 12076(d). In addition to the federal purchaser prohibitions referenced above, California has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Section 12021 prohibits any person from owning, purchasing, receiving, possessing, or having under his or her custody or control a firearm, who:

Has been convicted of a felony, or is addicted to narcotic drugs;
Has been convicted of specified crimes, both felonies and misdemeanors, relating to violence or the unlawful use of firearms (see §§ 12021(c)(1), 12021.1);
As an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm;
Is adjudged a ward of the juvenile court because the person committed an offense involving violence, drugs or firearms (including the carrying of a concealed firearm, the carrying of a loaded firearm in public or the possession of a firearm in a vehicle, regardless of whether the firearm was concealed or loaded). The prohibition will stay in effect until the person reaches age 30 (see § 12021(e)); or
Knows he or she is subject to a protective order, restraining order, temporary restraining order or injunction issued by a court pursuant to Cal. Civ. Proc. Code §§ 527.6 or 527.8, Cal. Fam. Code § 6218, Cal. Penal Code §§ 136.2 or 646.91, or Cal. Welf. & Inst. Code § 15657.03 (see Penal Code § 12021(g)(1), (2)).

Under California Welfare & Institutions Code §§ 8100 and 8103, a person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:

Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;
Communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims (see § 8105(c));
Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individual’s release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;
Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;
Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;
Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism;
Has been: 1) taken into custody and placed in a county mental health facility for treatment and evaluation because he or she is a danger to himself or herself or others as a result of a mental disorder (see section 5150); 2) assessed by a professional in charge of the facility to determine the appropriateness of the voluntary detention, and whether the patient can be properly served without being detained (see section 5151); and 3) admitted to a facility pursuant to sections 5151 and 5152 because the individual is a danger to himself or herself or others. This prohibition lasts for five years. However, a person barred from firearm possession by this provision may petition the superior court for an order permitting him or her to possess firearms. See section 8103(f). The mental facility is required to inform the patient, prior to discharge, that the patient is banned from possessing a firearm for five years and is also required to notify the patient that he or she may petition the court for permission to possess a firearm; or
Has been involuntarily committed for intensive treatment pursuant to sections 5250, 5260, or 5270.15. This prohibition lasts for five years.

Licensed dealers shall not deliver a firearm to a purchaser or transferee whenever the dealer is notified by DOJ that the person is in a prohibited class described in sections 12021 or 12021.1 of the Penal Code or sections 8100 or 8103 of the Welfare and Institutions Code. Section 12071(b)(3)(D). The dealer shall make available to the person in the prohibited class a DOJ "Prohibited Notice and Transfer" form, stating that the person is prohibited from owning or possessing a firearm and that the person may obtain from DOJ the reason for the prohibition. Id.

No dealer shall transfer or deliver a firearm to a person within ten days of an application to purchase or, after notice from DOJ that the dealer transmitted inaccurate or incomplete information to identify the purchaser or the firearm to be transferred, or the required fee has not been transmitted, within ten days of the submission to DOJ of any correction to the application, or any required fee, whichever is later. Sections 12071(b)(3)(A), 12072(c)(1), and 12076(d), (e). Per section 12076(b), it is a misdemeanor to furnish incorrect information on an application to purchase a firearm.

Pursuant to section 12077.5(a), any person may request a voluntary determination from DOJ stating whether he or she is eligible to possess a firearm. No person or agency may require or request another person to obtain a firearms eligibility check. Section 12077.5(g). DOJ is authorized to charge a fee of $20 for conducting each check. Section 12077.5(b).

Under section 12021.3(a)(1), any person claiming title to any firearm in the custody or control of a court or law enforcement agency who wishes to have the firearm returned must undergo a background check to determine if he or she is eligible to possess a firearm. If an individual does not seek return of a firearm, or if he or she fails to pass the background check, the person must relinquish the firearm and, if the firearm is an otherwise legal firearm and the person otherwise has right to title of the firearm, he or she may relinquish it by selling it or transferring title to a licensed dealer. Section 12021.3(a)(2), (i)(1).

Section 12010 establishes a Prohibited Armed Persons File ("File"), a DOJ online database that tracks persons who are prohibited from owning or possessing a firearm. The database cross-references information for persons relative to the purchase and possession of firearms on or after January 1, 1991, and information identifying those persons who have subsequently been prohibited from owning or possessing firearms. Section 12010(a). The information contained in the File can only be made available to public and private entities as specified in, and pursuant to, section 11105(b), (c) for the purpose of determining if persons are armed yet prohibited from possessing firearms. Section 12010(b).

For specific prohibitions on owning, purchasing or possessing firearms due to domestic violence, see the California Domestic Violence and Firearms section.

See the California Mental Health Reporting section for further information on mental health provisions related to firearms.

Brady Exemption

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). In California, only persons holding an "entertainment firearms permit" are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the California Carrying Firearms section.

Entertainment Firearms Permit

To facilitate rentals of firearms for use in motion picture, television and other entertainment productions, California has created an "entertainment firearms permit." This permit allows any person age 21, after passing a background check, to be exempt from normal firearm dealer transfer requirements when possessing or receiving an unloaded firearm for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event. Sections 12078(s)(2), 12081. Loans of unloaded firearms from California licensed dealers to permit holders for entertainment purposes are also exempt from the firearm dealer transfer requirements. Section 12078(s)(1).

Surrender of Firearms by Prohibited Persons

No California law provides a general time limit within which a person who has fallen into a prohibited category must surrender his or her firearms. A person against whom a restraining order or protective order is issued must surrender his or her firearms within 24 hours of being served with the order. (Cal. Civ. Proc. Code § 527.9(b).)

With respect to a person prohibited from firearm possession because of a prior conviction or mental health condition, California Penal Code § 12021(d)(2) requires DOJ to supply a form to be used by courts to notify convicted defendants that they are prohibited from possessing a firearm. The form created by DOJ states that the prohibition is effective "immediately upon occurrence of the prohibiting event." According to the form, the prohibited person must immediately designate a third party who is not prohibited from possessing firearms by completing a Power of Attorney Declaration. The third party then has 30 days to properly transfer or dispose of any firearms possessed by the prohibited person.

In addition, section 12021(h) states that a prohibited person who finds a firearm may possess it "no longer than …is necessary to deliver or transport the firearm to a law enforcement agency for that agency's disposition according to law." There is no other exception allowing a prohibited person to remain in possession of a firearm beyond the time he or she becomes prohibited.

Any handgun owner who moves into California from out-of-state on or after January 1, 1998 and is prohibited under California law from possessing firearms is deemed a "personal handgun importer." Section 12001(n). Section 12072(f)(2)(A) allows any such person 60 days to sell or transfer the handgun through a licensed dealer or to a sheriff or police department, or provide a report to DOJ regarding the handgun. The form requires the handgun owner to expressly authorize DOJ to perform firearm eligibility checks of all relevant state and federal databases, including NICS. The form also requires the handgun owner to certify that he or she understands that if the results of this check reveal that he or she is ineligible either to lawfully possess or purchase firearms, he or she must relinquish any and all firearms in his or her possession. Although the form does not specify the time period during which the person must then relinquish his or her firearms, presumably he or she must do so immediately, since his or her possession of those firearms is at all times unlawful.

A person who moves into the state and is in possession of an assault weapon or a .50 BMG rifle may either obtain a permit from DOJ before entering the state with the firearm, or cause the firearm to be delivered to a licensed dealer who will possess it until the person obtains such a permit. Section 12285(b)(2), (4).

There is no law addressing prohibited possessors moving into the state in possession of a long gun.

California Food & Agricultural Code § 5343.5 requires that a notice be posted conspicuously at any inspection station along the California border, in block letters not less than four inches in height, stating:

"NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, THE FEDERAL GUN CONTROL ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS THAT YOU ACQUIRED OUTSIDE OF THIS STATE.

IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.

IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY."

California Penal Code § 12072.5(b), adopted in 2000, states that:

The Attorney General shall conduct a study to evaluate ballistics identification systems to determine the feasibility and potential benefits to law enforcement of utilizing a statewide ballistics identification system capable of maintaining a data base of ballistic images and information from test fired and sold firearms. The study shall include an evaluation of ballistics identification systems currently used by state and federal law enforcement agencies and the firearms industry. The Attorney General shall consult with law enforcement agencies, firearms industry representatives, private technology providers, and other appropriate parties in conducting the study.

The Attorney General’s report, released to the public on January 29, 2003, states that automated ballistics fingerprinting systems are already assisting forensic experts using relatively small databases to compare cartridge cases recovered at crime scenes, and noted that the expansion of such databases to include hundreds of thousands of newly-manufactured firearms may potentially serve as a vital crime-solving tool. The report cautions, however, that under existing technology, adding the large volume of new guns sold in California could overburden the fingerprinting database, while providing limited useful forensic information to criminal investigators. The Attorney General is optimistic that technology will evolve rapidly to overcome these barriers to an effective ballistics fingerprinting system in California, and noted that further studies on the system are underway.

See LCAV’s Ballistic Identification summary for further information. For information on groundbreaking legislation that will require microstamping technology in semiautomatic pistols in California, see the California Microstamping section.

*New Legislation Alert* See LCAV's Recent Developments in State Law page.

Possession Restrictions

California generally prohibits the carrying of a concealed firearm on the person in public or within any vehicle under his or her control or in which he or she is an occupant. California Penal Code § 12025(a). Conduct that would normally violate section 12025 may be justified where a person possessing a concealable firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current court-issued restraining order against another person or persons who has or have been found to pose a threat to the possessor’s life or safety. Section 12025.5(a).

California also prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of unincorporated territory. Section 12031(a)(1). "Loaded" in this context means that the firearm has a cartridge or shell in a chamber, clip or magazine that is in or attached in some way to the firearm. Section 12031(g).

The prohibited conduct under sections 12031(a) and 12025(a) is subject to numerous exceptions, including exceptions for concealed weapons license holders. See sections 12025.5 through 12027.1, and 12031(b)(6).

A U.S. citizen or legal resident over age 18 may carry any pistol, revolver, or other firearm capable of being concealed upon the person anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. Section 12026(a). A permit or license is not required for a person to carry within these locations, as long as he or she may legally purchase or possess firearms under state law. Sections 12026(b), 12031(h).

Section 12025 does not prohibit any U.S. citizen over age 18 who resides or is temporarily in California, and does not fall into a prohibited class under California law, from transporting or carrying any concealable firearm, if:

The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container (a secure container that is fully enclosed and locked by a padlock, key or combination lock, or similar locking device per section 12026.1(c)) in the vehicle other than the utility or glove compartment; and
The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

Section 12026.1(a).

The state prohibits any person from carrying a concealed firearm upon his or her person or within any vehicle which is under his or her control or direction while engaged in picketing or other informational activities in a public place relating to a concerted refusal to work. Section 12590(a)(1). The exceptions regarding carrying concealed firearms under section 12027 (provided for peace officers, bank guards, armored vehicle guards, licensed hunters or fishermen, private investigators, and certain other persons) do not apply if these persons are engaged in picketing activities. Section 12590(c).

The state generally prohibits persons from possessing a firearm in any state or local public building or at any public meeting. Section 171b(a)(1). Possession of a loaded firearm in or on the grounds of the state capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room where a state legislative committee hearing is being conducted is prohibited. Section 171c. Concealed weapons license holders are exempt from these prohibitions. Sections 171b(b)(3), 171c.

Generally, California prohibits the carrying or possession of any firearm in the California State Parks system. Cal. Code Regs. tit. 14, § 4313(a). This prohibition should not be construed in derogation of the use of weapons permitted by law or regulation to be used for hunting in any unit of the state park system open to hunting. Section 4313(b). Firearms that do not have a cartridge in any portion of the mechanism, or other unloaded weapons, may be possessed within temporary lodging or a mechanical mode of conveyance when such weapons are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. Section 4313(c).

California also prohibits any person, including a concealed weapons licensee, from:

Possessing a firearm at a polling place (Cal. Elec. Code § 18544(a));
Possessing a firearm on the buildings or grounds of the "Cal Expo" center in Sacramento (Cal. Code Regs. tit. 14, § 4955);
Possessing a firearm in or on the buildings or grounds of:

A child care center (Cal. Code Regs. tit. 22, § 101238(g)(2));
A social rehabilitation facility (Cal. Code Regs. tit. 22, § 81087(g));
The residences of transitional housing placement program licensees (Cal. Code Regs. tit. 22, 86087(d)); or
Crisis nurseries (Cal. Code Regs. tit. 22, § 86587(g)(2)).

In addition, any person carrying a loaded firearm of any kind with the intent to commit a felony is criminally liable for "armed criminal action." Cal. Penal Code § 12023. For purposes of this prohibition only, a firearm shall be deemed loaded whenever both the firearm and the unexpended ammunition capable of being discharged from the firearm are in the immediate possession of the same person. Section 12001(j).

Where the population of a county is less than 200,000 persons, the licensing authority may grant a license to carry a loaded and exposed handgun in that county only. Section 12050(a)(1)(A)(ii), (a)(1)(B)(ii).

For information on the carrying or possession of guns in schools, please see the California Gun-Free Schools section.

Transportation of Firearms

Any person over age 18 who does not fall into a prohibited class under sections 12021, 12021.1, or 12025 or sections 8100 or 8103 of the Welfare and Institutions Code may transport in a motor vehicle any concealable firearm if the firearm is unloaded and in a locked container. Penal Code § 12026.1(a). A "locked container" is a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Section 12026.1(c). A locked container includes the trunk of a motor vehicle, but not the utility or glove compartment. Section 12026.1(a)(1).

California law is silent on the transportation of long guns (rifles and shotguns), but individuals are not required by law to transport long guns in a locked container. However, as with concealable firearms, carrying a loaded rifle or shotgun in public or in a vehicle is against the law. Section 12031(a). A firearm shall be deemed loaded if there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including, but not limited to, in the firing chamber, magazine, or clip attached to the firearm. Section 12031(g). A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. Id.

Concealed Weapons Licensing Requirements

California is a "may-issue" state, meaning that local law enforcement has discretion when issuing concealed weapons licenses. A license may be issued only after a finding that: 1) the applicant is of "good moral character;" 2) good cause exists for the issuance of a license; 3) the applicant has completed a firearms safety course (see the California Licensing of Gun Purchasers/Owners section); and 4) the applicant is not prohibited from possessing firearms (see the California Background Checks section). Section 12050(a)(1). Unless otherwise restricted, the license is valid throughout the state. Id.

A license to carry a concealed handgun may be granted to residents of a city by the local police department, or to residents of a county, or a city within the county, by the county sheriff. Section 12050(a). Any person who spends “a substantial period of time” in his or her principal place of employment or business in the county also may apply to that county’s sheriff for a concealed weapons license. Section 12050(a)(1)(D)(ii). A city or county may be considered an applicant’s “principal place of employment or business” only if the applicant is physically present in the jurisdiction during a substantial part of his or her working hours for purposes of that employment or business. Section 12050(a)(3).

Additional concealed weapons license application and background check requirements, as well as license suspension or disqualification information, are detailed under sections 12050, 12051, 12052, 12052.5 and 12054.

The fee for a concealed weapons license is $44. Cal. Code Regs. tit. 11, § 4006(b). The licensing authority of any city, city and county, or county may charge an additional fee, equal to the actual costs for processing the application, and excluding fingerprint and training costs, not to exceed $100. Section 12054(a). If, on an initial application, the licensing authority requires psychological testing for the license applicant, the applicant shall be referred to a licensed psychologist used by the licensing authority for the psychological testing of its own employees. Section 12054(c). The applicant may be charged for the actual cost of the testing, not to exceed $150, and, if additional psychological testing is required, that cost to the applicant cannot exceed $150. Id.

The local licensing authority must revoke an individual’s license if, at any time, either the local licensing authority is notified by DOJ or otherwise determines that a licensee is within a prohibited class described in sections 12021 or 12021.1 of the Penal Code or sections 8100 or 8103 of the Welfare and Institutions Code. Cal. Penal Code § 12050(e)(1). The licensee shall be immediately notified of the revocation in writing. Section 12050(e)(3). Upon determining that a licensee falls into a prohibited class under any of the above-mentioned statutes, DOJ must immediately notify the local licensing authority of the determination. Section 12050(e)(2).

Disclosure or Use of Information

California law states that certain information contained in the applications for concealed weapons permits and the records of concealed weapons applicants may not be disclosed to the public. Such information includes:

Records of state summary criminal information contained in concealed weapons permit records of a sheriff or municipal police department;
Records of the sheriff’s investigation of the qualification and fitness of an applicant under Government Code section 6254(f); and
Information contained in applications for licenses to carry firearms by the sheriff of a county or a municipal police chief indicating when or where the applicant is vulnerable to attack or concerning the applicant’s medical or psychological history or that of members of his or her family under section 6254(u)(1).

The application and record of a permit for a concealed weapon are public documents unless they contain information by which the county sheriff or municipal police chief can demonstrate that the public interest served by not making such records public clearly outweighs the public interest in their disclosure, per section 6255.

For additional explanation on the disclosure and use of concealed weapons permit information, see the California Attorney General’s opinion concerning public disclosure of records, 62 Ops. Cal. Atty. Gen. 595 (1979).

Duration and Renewal

Subject to certain limited exceptions for peace officers, judges, and other limited classes of individuals, a license to carry a concealed handgun is valid for two years from the date of issuance or renewal. Cal. Penal Code § 12050(a)(2)(A)(i). Both first time and renewal applicants must complete a firearms safety course. Section 12050(a)(1)(E)(i), (ii).

An amendment to a license does not extend the original expiration date of the license, and an application to amend a license does not constitute an application for renewal. Section 12050(f)(5), (6).

Location Limits

A concealed weapons license may include any reasonable restrictions or conditions which the police department, county sheriff or other issuing authority deems necessary, including restrictions as to the time, place, manner, and circumstances under which the license holder may carry a concealable firearm. Section 12050(b). Any restrictions imposed by the issuing authority must be indicated on the license. Section 12050(c).

California prohibits any concealed weapons permit holder from carrying a concealable firearm upon his or her person or within any vehicle under his or her control while engaged in picketing activity. Section 12590(a)(1).

Reciprocity

California does not permit concealed weapons permit holders from other states to carry their concealed firearms in the state.

Brady Exemption

Concealed weapons permit holders in California are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under California Penal Code § 12035(b)(1), a person is liable for the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm:

[W]ithin any premises that are under his or her custody or control and he or she knows or reasonably should know that a child [defined as a person under age 18; see section 12035(a)(3)] is likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.

Any person violating this provision is subject to a maximum of three years in prison and a fine of $10,000. Section 12035(d)(1).

Similarly, section 12035(b)(2) imposes liability for the crime of “criminal storage of a firearm of the second degree” upon any person who keeps any loaded firearm:

[W]ithin any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of section 417 [prohibiting the drawing or exhibiting of a firearm in a rude, angry, or threatening manner, or unlawfully using a firearm in a fight or quarrel].

Any person in violation of section 12035(b)(2) is subject to a misdemeanor. Section 12035(d)(2).

California also provides that adults are subject to criminal liability when a child finds a loaded or unloaded handgun on premises owned or controlled by the adult, the adult knows or reasonably should know that a child is likely to gain access to that firearm without the permission of the child’s parent or legal guardian, and the child gains such access to the handgun and carries it off-premises. Section 12036(b).

Where the child gains access to a firearm without appropriate permission and carries that firearm to any public or private preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance, whether occurring on school grounds or elsewhere, the adult on whose premises the firearm was found faces imprisonment in a county jail for up to one year, a fine not exceeding $5,000, or both the imprisonment and fine. Section 12036(c).

Sections 12035(b) and 12036(b), (c) do not apply when any of the following exceptions, outlined under sections 12035(c) or 12036(e), occur:

The child obtains the firearm as a result of an illegal entry into any premises by any person;
The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure;
The firearm is carried on the person or within such a close proximity to the person that he or she can readily retrieve and use the firearm as if carried on the person;
The firearm is locked with a locking device that has rendered the firearm inoperable;
The person is a peace officer or a member of the armed forces or national guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;
The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons; or
The person who keeps a firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

Sections 12035(e) and 12036(f) provide that “[i]t is the Legislature’s intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist.” In such cases, no arrest shall occur until at least seven days after the accidental shooting, and law enforcement officials are encouraged “to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.” Section 12035(f), 12036(g).

California law requires firearms dealers to conspicuously post on their premises warnings regarding criminal penalties for firearms owners who do not store or secure their firearms in a manner that keeps minors from possessing and using the weapons. Sections 12071(b)(7)(A)-(C), 12088.3. See the California Dealer Regulations section for a discussion of firearm ownership warnings.

In addition, California Civil Code section 1714.3 states that:

Civil liability for any injury to the person or property of another proximately caused by the discharge of a firearm by a minor under the age of 18 years shall be imputed to a parent or guardian having custody and control of the minor for all purposes of civil damages, and such parent or guardian shall be jointly and severally liable with such minor for any damages resulting from such act, if such parent or guardian either permitted the minor to have the firearm or left the firearm in a place accessible to the minor.

The liability imposed by this section is in addition to any liability otherwise imposed by law. However, no person, or group of persons collectively, shall incur liability under this section in any amount exceeding thirty thousand dollars ($30,000) for injury to or death of one person as a result of any one occurrence or, subject to the limit as to one person, exceeding sixty thousand dollars ($60,000) for injury to or death of all persons as a result of any one such occurrence.

State administrative regulations govern the safe storage of firearms in family child care homes. These regulations require that the home be free from conditions which might endanger a child, and specifically require that firearms be stored inaccessible to children. Cal. Code Regs. tit. 22, § 102417(g)(4). Storage areas for firearms must either be locked, or firearms may be secured by trigger locks or disabled by removing the firing pin. Firing pins and ammunition must be stored and locked separately from firearms.

For other measures related to child access prevention, see the California Locking Devices section.

Licensing Requirements

Any person who sells, transfers, or loans firearms must be licensed pursuant to state law. Cal. Penal Code § 12070(a). There are several exceptions to this requirement, including those for: 1) persons who are selling firearms pursuant to court orders or acting pursuant to operation of law; 2) the “infrequent” sale, lease, or transfer of firearms; 3) the sale, lease, or transfer of used firearms other than handguns at gun shows (subject to several conditions); 4) sales, deliveries, or transfers between wholesalers, importers and manufacturers, and between dealers and wholesalers, importers or manufacturers; and 5) firearm loans that take place at a shooting range for the purpose of shooting at targets. Section 12070(b). “Infrequent” is defined, for handguns, as less than six transactions per calendar year and, for other firearms, as “occasionally and without regularity.” Penal Code § 12070(c).

In order to become a California firearms dealer, a person must:

Have a valid federal firearms license;
Have any regulatory or business license(s) required by local government;
Have a valid seller’s permit issued by the State Board of Equalization;
Have a Certificate of Eligibility (COE) issued by the California Department of Justice (DOJ). A COE is defined as "a certificate which states that the Department has checked its records and determined that the applicant is not prohibited from acquiring or possessing firearms pursuant to Sections 12021 and 12021.1 of the Penal Code, and Sections 8100 and 8103 of the Welfare and Institutions Code, or Title 27, Part 178.32 of the Code of Federal Regulations at the time the check was performed." Cal. Code Regs. tit. 11, § 4031(h). For regulations pertaining to the issuance of a COE, see Cal. Code Regs. tit. 11, §§ 4036 – 4041;
Have a license granted by the duly constituted licensing authority of any city, county, or city and county. (If the local jurisdiction does not have a dealer licensing system, the dealer must obtain and provide to DOJ a letter from the duly constituted licensing authority having primary jurisdiction for the applicant’s intended business location stating that the jurisdiction does not require any form of regulatory or business license or does not otherwise restrict or regulate the sale of firearms, per section 12071(a)(6).); and
Be listed on DOJ’s centralized list of all persons licensed to sell firearms (see Cal. Code Regs. tit. 11, §§ 4016 – 4024 for applicable regulations).

Penal Code § 12071(a)(1).

With limited exceptions for gun shows and non-profit events, California requires firearms dealers to conduct business only in the buildings designated in the license. Penal Code §§ 12071(b)(1), 12078(g).

Dealers are required to renew their business licenses every year. A COE term shall not exceed one year. Cal. Code Regs. tit. 11, § 4039. In addition, the term of a centralized list placement is from January 1 through December 31. Cal. Code Regs. tit. 11, § 4021(a). To remain in compliance with the law, dealers must renew these licenses each year.

Transfer of Firearms

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm (see the California Background Checks section).

Cal. Penal Code § 12071(b)(3) states that no firearm shall be delivered:

During the state’s ten-day waiting period (see the California Waiting Periods section);
Unless unloaded and securely wrapped, or unloaded and in a locked container;
Unless the purchaser, transferee, or person being loaned the firearm presents “clear evidence” of his or her identity and age to the dealer (either a valid California driver’s license or a valid California identification card issued by the Department of Motor Vehicles). Dealers are prohibited from transferring handguns to persons under age 21, or any other firearm to persons under the age of 18 (see § 12072(b)); and
Whenever the dealer is notified by DOJ that the person is in a prohibited class under state law.

DOJ has the authority to place a firearm sale on hold until all background check information is received and the check is completed to DOJ’s satisfaction. Thus, in practice there is no outside time limit for the completion of a background check, i.e., a firearm transfer will not occur until DOJ has approved the transfer, provided the dealer has received notice of any delay in the background check process. See section 12076(d)(1)-(5). (Under federal law, in contrast, a dealer is permitted to transfer a firearm if a background check has not been completed within three business days. See 18 U.S.C. § 922(t)(1)(B)(ii)).

In addition, firearms dealers are prohibited from delivering a handgun to a purchaser or transferee unless that person presents a Handgun Safety Certificate (HSC) (see the California Licensing of Gun Purchasers/Owners section) and submits documentation indicating that he or she is a California resident. (Valid proof of residency includes, but is not limited to, a utility bill from the past three months, a residential lease, a property deed, or military permanent duty station orders indicating assignment within this state.) Sections 12071(b)(8)(B), (C), 12072(c)(5)(B), 12801(b)(2). The dealer is required to retain a copy of the residency documentation as proof of compliance. Section 12071(b)(8)(C). Any firearms dealer who fails to comply with the requirements of the HSC process may be removed from DOJ’s centralized list of firearms dealers and punished by imprisonment in a county jail or in a state prison, not exceeding one year, or by a fine not to exceed $1,000, or by both the imprisonment and fine. Sections 12071(e), 12072(g)(3)(D).

With specified exceptions, any loan of a handgun requires that the recipient have a valid HSC. Section 12072(c)(5)(B). Failure to comply with this requirement is a misdemeanor. Section 12072(g)(3)(D).

Dealers are also required to obtain the right thumbprint of a purchaser or transferee before completing any transaction. Section 12077(b)(2), (c)(2).

A person, corporation or dealer must not transfer a firearm to a person he or she knows or "has cause to believe" is a straw purchaser (i.e., a person not within a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), or to a person prohibited by law from owning, possessing, or controlling a firearm. Section 12072(a)(4).

A person, corporation or dealer must not sell ammunition or reloaded ammunition to a purchaser under age 18 (or under age 21 in the case of handgun ammunition). Section 12316(a)(1). Anyone violating this provision may raise as an affirmative defense to prosecution that the person sold ammunition to a prohibited purchaser after viewing, and reasonably relying upon, "bona fide evidence of majority and identity" (meaning a document issued by a federal, state, county, or municipal government including, but not limited to, a motor vehicle operator’s license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person). Section 12316(a)(2).

Licensed dealers who do not sell, transfer, or stock handguns are not required to process private party handgun transactions. Section 12082(c). However, all dealers must continue to conduct private party long gun transactions upon request.

Safe Handling Demonstration for Handguns

A firearms dealer must not deliver a handgun to a purchaser or transferee unless the recipient performs a safe handling demonstration with the handgun being purchased. Section 12071(b)(8)(D). The purchaser or transferee must perform the demonstration in the presence of a DOJ-certified instructor. Sections 12071(b)(8)(G), (I), 12804(j). If the purchaser or transferee is purchasing a semiautomatic pistol, he or she must safely and correctly perform the following actions, with the pistol unloaded, locked using the required firearm safety device, pointing it toward the ground or in another safe direction, and keeping the trigger finger outside of the trigger guard and alongside the pistol frame at all times:

Remove the magazine;
Lock the slide back. If the model of firearm does not allow the slide to be locked back, pull the slide back, visually and physically check the chamber to ensure that it is clear;
Visually and physically inspect the chamber to ensure that the handgun is unloaded;
Remove the firearm safety device, if applicable. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;
Load one bright orange, red, or other readily identifiable dummy round into the magazine. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;
Insert the magazine into the magazine well of the firearm;
Manipulate the slide release or pull back and release the slide;
Remove the magazine;
Visually inspect the chamber to reveal that a round can be chambered with the magazine removed;
Lock the slide back to eject the bright orange, red, or other readily identifiable dummy round. If the handgun is of a model that does not allow the slide to be locked back, pull the slide back and physically check the chamber to ensure that the chamber is clear. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;
Apply the safety, if applicable; and
Apply the firearm safety device. This requirement shall not apply to an Olympic competition pistol if no firearms safety device, other than a cable lock that DOJ has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in section 12132(h)(2) or is subject to section 12132(h)(3).

Section 12071(b)(8)(D)(i).

If the recipient is purchasing a double-action revolver, he or she must safely and correctly perform the following actions, with the revolver unloaded, locked using the required firearm safety device, pointing it toward the ground or in another safe direction, and keeping the trigger finger outside of the trigger guard and alongside the revolver frame at all times:

Open the cylinder;
Visually and physically inspect each chamber to ensure that the revolver is unloaded;
Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;
While maintaining muzzle awareness (i.e., pointing the revolver in a safe direction, preferably toward the ground) and trigger discipline (i.e., keeping the trigger finger outside the trigger guard and along side the handgun frame), load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;
Close the cylinder;
Open the cylinder and eject the round;
Visually and physically inspect each chamber to ensure that the revolver is unloaded; and
Apply the firearm safety device.

Section 12071(b)(8)(D)(ii).

If the recipient is purchasing a single-action revolver, he or she must safely and correctly perform the following actions with that handgun:

Open the loading gate;
Visually and physically inspect each chamber to ensure that the revolver is unloaded;
Remove the firearm safety device required to be sold with the handgun. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step;
Load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder, close the loading gate and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used;
Open the loading gate and unload the revolver;
Visually and physically inspect each chamber to ensure that the revolver is unloaded; and
Apply the firearm safety device.

Section 12071(b)(8)(D)(iii).

Following the safe handling demonstration, the dealer shall sign, date, and retain an affidavit stating that the requirements have been met, and obtain the signature of the handgun purchaser on this affidavit. Section 12071(b)(8)(F). The affidavit serves as proof of the dealer’s compliance with the safe handling demonstration requirement. Id. Failure to comply may result in removal of the dealer from California’s centralized list of firearms dealers. Section 12071(b).

Persons who are exempt from the HSC requirement are also exempt from the safe handling demonstration. Sections 12071(b)(8)(J), 12807. Concealed weapons permittees are exempt from these requirements. Section 12807(a)(9).

Entertainment Firearms Permit

Gun Trafficking/Firearms Dealer Verification

Whenever a federal firearms licensee ("FFL") intends to deliver, sell or transfer firearms to an FFL whose licensed premises are in California, the shipper must obtain from DOJ, prior to delivery, a unique verification number per section 12071. Section 12072(f)(1)(A). DOJ will issue a unique verification number only if the intended recipient of the firearms is on the state’s centralized list of firearms dealers. Section 12072(f)(1)(B), (C). The shipper must then provide this number to the California dealer upon delivery of the firearms. Section 12072(f)(1)(C).

Section 12076(e) provides that DOJ may require firearms dealers to charge each purchaser a fee of up to $14, which may be increased as necessary to fund DOJ for costs associated with DOJ's firearms-related regulatory and enforcement activities involving the sale, purchase, loan or transfer of firearms. DOJ has set the current fee at $19. Cal. Code Regs. tit. 11, § 4001. This provision permits DOJ to use DROS fees (which firearms purchasers must pay to DOJ during the purchase of any firearm) to fund California's anti-trafficking efforts by verifying the legitimacy of gun dealers prior to their receipt of firearms shipments.

Recordkeeping

Firearms dealers are required to report all Dealer Record of Sale (DROS) transactions electronically and, as of January 1, 2003, can no longer report transactions to DOJ via telephone or other means. Section 12076(a)(3). Dealers must obtain personal identifying information from a purchaser or transferee of a firearm, and must do so by swiping the recipient's California driver's license or identification card through a magnetic card strip reader. Section 12077(f). This information cannot be supplied by any other means except as authorized by DOJ. Id.

Subject to limited exceptions, licensed dealers are required to keep a register or record of electronic or telephonic transfers of all firearms, containing detailed information on the purchaser and the firearm being sold. (See § 12077(b)(1)-(3) for handguns, § 12077(c)(1)-(3) for long guns.) Section 12073(a). Violating dealers are criminally liable for a misdemeanor. Section 12073(c).

Firearms dealers must record on the register or record of electronic transfer the date a firearm is delivered to the transferee. Section 12077(b)(3), (c)(3).

Dealers are also required to maintain a firearms transaction record. Section 12071(b)(17). This record shall be made available to law enforcement during business hours. Id. The dealer also must report to the DOJ the acquisition of any handgun on the date he or she receives the handgun. Section 12071(b)(18).

For information regarding the use of firearm purchaser background information, see the California Registration of Guns section.

Warnings

Section 12071(b)(7)(A)-(F) requires firearms dealers to conspicuously post the following warnings in block letters not less than one inch in height:

IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($ 5,000), UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE.

DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.

FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.

NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30-DAY PERIOD.

Pursuant to sections 12088.1 and 12088.3, the packaging and any descriptive materials that accompany any firearm manufactured in California, or sold or transferred by a dealer, including private transfers conducted through a dealer, shall bear a label containing the following warning statement:

WARNING

Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.

A yellow triangle containing an exclamation mark shall appear immediately before the word “Warning” on the label. Section 12088.3. If the firearm is sold or transferred without accompanying packaging, the warning label shall be affixed to the firearm itself. Id. The warning must be displayed "in both English and Spanish in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on that package or descriptive materials..." Id.

When transferring any firearm, dealers shall offer to provide a copy of the DOJ pamphlet which summarizes California firearms laws as they pertain to persons other than law enforcement officers or members of the armed services (as described in § 12080), and may add the cost of the pamphlet, if any, to the sales price of the firearm. Section 12071(b)(9).

Reporting of Lost or Stolen Firearms

Dealers shall report the loss or theft of any firearm within 48 hours of discovery to the appropriate law enforcement agency in the city, county, or city and county where the dealer’s business premises are located. Section 12071(b)(13).

Storage of Firearms

Subject to very narrow exceptions, all firearms in the inventory of a licensed firearms dealer must be kept at the dealer's licensed location. Section 12071(b)(13).

Section 12071(b)(14) also provides that any time a dealer is not open for business, he or she must secure all firearms stored at the licensed place of business using one of the following methods for each particular firearm:

Store the firearm in a secure facility that is a part of, or that constitutes, the licensee’s business premises. A “secure facility,” as defined by section 12071(c)(2), means a building that meets all of the following specifications:

(A) All perimeter doorways shall be equipped with one of the following: (i) A windowless steel security door equipped with both a dead bolt and a doorknob lock. (ii) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door. (iii) A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.

(B) All windows are covered with steel bars.

(C) Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.

(D) Any metal grates have spaces no larger than six inches wide measured in any direction.

(E) Any metal screens have spaces no larger than three inches wide measured in any direction.

(F) All steel bars shall be no further than six inches apart;

Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises; or
Store the firearm in a locked fireproof safe or vault in the licensee's business premises.

The licensing authority in an unincorporated area of a county or within a city may impose security requirements that are more strict or are at a higher standard than those specified in section 12071(b)(14). Section 12071(b)(15).

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside. Section 12071(b)(4).

Safety Devices & Related Warnings

All firearms sold or transferred in California by a licensed dealer, including private transfers conducted by a dealer, must include a firearms safety device listed on DOJ’s roster of approved firearms safety devices. Section 12088.1(a). A "firearms safety device" is a device, other than a gun safe, that locks and is designed to prevent children and unauthorized users from firing a firearm. Section 12087.6(a). The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. Id.

A long gun safe is a locking container designed to fully contain and secure a rifle or a shotgun. Section 12087.6(c). This type of safe must have a locking system consisting of either a mechanical combination lock or an electronic combination lock that has at least 1,000 possible unique combinations consisting of a minimum of three numbers, letters or symbols per combination, and that is not listed on DOJ’s Roster of Firearm Safety Devices. Id. The long gun safe’s unique definition distinguishes it from the more general gun safe definition and that of firearms safety devices.

Dealers selling long gun safes that do not meet the standards for gun safes adopted pursuant to section 12088.2 must conspicuously post or display the following warning, in both English and Spanish, on the gun safe’s packaging or with any materials that accompany the safe, and on a label affixed to the front of the gun safe:

WARNING: This gun safe does not meet the safety standards for gun safes specified in California Penal Code Section 12088.2. It does not satisfy the requirements of Penal Code Section 12088.1, which mandates that all firearms sold in California be accompanied by a firearms safety device or proof of ownership, as required by law, of a gun safe that meets the Section 12088.2 minimum safety standards developed by the California Attorney General.

Section 12088.1(c).

Any person who keeps for commercial sale, offers or exposes for commercial sale, or commercially sells a long gun safe that does not comply with the standards for gun safes per section 12088.2, and knows or has reason to know this fact may be subject to a civil fine of up to $500, unless the long gun safe is properly labeled pursuant to section 12088.1 (described above). Sections 12088.15(d)(1), (e). A second violation of this section that occurs within five years of the date of a previous offense is punishable by a civil fine of up to $1,000 and the dealer will be ineligible to sell firearms in California for 30 days. Section 12088.15(e). A third or subsequent violation that occurs within five years of two or more previous offenses is punishable by a civil fine of up to $5,000 and the dealer will be permanently ineligible to sell firearms in California. Section 12088.15(e). Similarly, any person who keeps for commercial sale, offers or exposes for commercial sale, or commercially sells a long gun safe that does not comply with state standards for gun safes, and who removes the warning label required by section 12088.1 is subject to the aforementioned penalties. Section 12088.15(d)(2).

The Attorney General may order the recall and replacement of any gun safe or firearms safety device model sold after January 1, 2002 that does not conform with the safety standards required by sections 12088.1(a) and 12088.2, or order that the gun safe or firearm safety device model be brought into conformity with those requirements. Sections 12088.4. If the firearms safety device can be separated and reattached to the firearm without damaging the firearm, the licensed dealer shall immediately provide a conforming replacement as instructed by the Attorney General. Id. If the device cannot be separated from a firearm without damaging the firearm, the Attorney General may order the recall and replacement of the firearm. Id.

Finally, California requires that all firearms sold or transferred by a licensed dealer, including private transfers, must be accompanied with a warning label or language, displayed on the firearm’s package and on any descriptive material accompanying the firearm, in both English and Spanish, which states:

WARNING

Children are attracted to and can operate firearms that can cause severe injuries or death. Prevent child access by always keeping guns locked away and unloaded when not in use. If you keep a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.

Sections 12088.1(b), 12088.3.

For more information about firearms safety devices, see the California Locking Devices section.

Employee Background Checks

Firearms dealers may require any agent or employee who handles, sells, or delivers firearms at a dealer’s place of business to obtain and provide to the dealer a Certificate of Eligibility ("COE") from DOJ pursuant to section 12071(a)(4). Section 12071(b)(20)(A). DOJ is required to notify the dealer in the event that the agent or employee having a COE is or becomes prohibited from possessing firearms. Section 12071(b)(20)(B).

A dealer shall prohibit any agent or employee who the dealer knows or reasonably should know is within a class of persons prohibited from possessing firearms pursuant to sections 12021 or 12021.1, or Welf. & Inst. Code §§ 8100 or 8103, from coming into contact with any firearm that is not secured, and from accessing any key, combination, code, or other means to open any of the locking devices listed in Penal Code § 12071(b)(20)(G)(ii). Section 12071(b)(20)(E). A firearm is properly secured from a restricted employee or agent if the firearm is:

Inoperable because it is secured by a firearms safety device listed on DOJ’s roster of approved devices under section 12088(d);
Stored in a locked gun safe or long gun safe which meets the standards for DOJ-approved gun safes under section 12088.2;
Stored in a distinct locked room or area in the building that is used to store firearms that can only be unlocked by a key, a combination, or similar means; or
Secured with a hardened steel rod or cable that is at least one-eighth of an inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.

Section 12071(b)(20)(G)(ii).

The agent or employee background check provisions under section 12071(b)(20) do not preclude a local jurisdiction from:

Conducting an additional background check per section 11105, or prohibiting employment based on criminal history that does not appear as part of obtaining a COE, provided that the local jurisdiction may not charge a fee for the additional criminal history check; or
Enacting an ordinance imposing additional conditions on dealers with regard to agents.

Section 12071(b)(20)(D), (F).

If the local jurisdiction in which the dealer operates requires a background check of dealer’s agents or employees, an agent or employee must obtain a COE. Section 12071(b)(20)(C).

For state laws governing gun sales generally, see the California Private/Secondary Sales section.

Number of Firearms Dealers – Federally Licensed

There are 2,124 federally licensed firearms dealers and pawnbrokers in California. Federal firearms licensee totals for California as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Number of Firearms Dealers – California Licensed

There are 1,459 total retail dealers on the California Department of Justice (DOJ) centralized list of all persons licensed to sell firearms in California. Pursuant to California Penal Code § 12071(a)(1)(F), (e), all firearms dealers in California must be on DOJ's centralized dealer list to lawfully sell firearms. Federal firearms licensees (FFLs) are required by federal law to comply with all state and local dealer laws as a condition for retaining their FFLs (18 U.S.C. § 923(d)(1)(F)). As demonstrated by the discrepancy between the number of retail-sale FFLs regulated by DOJ (also known as "Class 01" and "Class 02" FFLs) listed above and the number of dealers on the state centralized list, many California dealers are not in compliance with federal and state law. California centralized list totals as of March 10, 2008, per the California Department of Justice Bureau of Firearms.

*New Legislation Alert* See LCAV's Recent Developments in State Law page.

Firearm Prohibitions for Misdemeanants

California prohibits the purchase and possession of firearms by certain violent misdemeanants, without regard to the victim’s relationship to the offender. Cal. Penal Code § 12021(c)(1). California prohibits the purchase or possession of a firearm by any person with a misdemeanor conviction for stalking. Id.

California authorizes courts to prohibit defendants from purchasing or possessing firearms in cases where the defendant is charged with, but not yet convicted of, a domestic violence misdemeanor. Section 136.2(a)(7)(B), (d), (e).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining and Protective Orders

Any person who purchases, receives, or attempts to purchase or receive, a firearm knowing he or she is prohibited from doing so by any of the following orders, is criminally liable for a public offense:

A temporary restraining order or injunction issued per California Civil Procedure Code § 527.6 (victims of harassment – e.g., who have suffered unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose), or section 527.8 (employer-initiated restraining orders on behalf of employees suffering violence where threats to that employee can reasonably be construed to be carried out or have been carried out at the workplace); or
By a protective order issued pursuant to Family Code § 6218 (family violence-related protective orders, whether issued ex parte, after notice and hearing, or in a judgment), Penal Code § 136.2 (protective orders relating to crime of domestic violence or the intimidation or dissuasion of victim or witness), section 646.91 (emergency ex parte protective orders related to stalking), or Welfare & Institutions Code § 15657.03 (protective orders, whether issued ex parte, after notice and hearing, or in a judgment, for elderly or dependent adults who have suffered abuse).

Cal. Penal Code § 12021(g)(1).

Under California law, individuals may seek a domestic violence protective order, prohibiting the purchase or possession of firearms, against:

A former or current dating partner or any person with whom the individual has had a romantic relationship;
Any person who is presently or has in the past resided with the individual; or
Any family member, even if the abuser has never resided with the individual.

Cal. Family Code §§ 6211, 6218, 6389.

Any person who owns or possesses a firearm knowing he or she is prohibited from doing so by a temporary restraining order or injunction issued under Civil Procedure Code §§ 527.6 or 527.8, or a protective order per Family Code § 6218, Penal Code §§ 136.2 or 646.91, or Welfare & Institutions Code § 15657.03 is criminally liable for a public offense. Penal Code § 12021(g)(2).

Public offense violators are subject to imprisonment in a county jail or in the state prison for up to one year, by a fine not exceeding $1,000, or by both the imprisonment and fine. Section 12021(g)(1), (2).

In addition, persons subject to a temporary restraining order or injunction under Civ. Proc. Code §§ 527.6(k) and 527.8(j), or a protective order per Fam. Code §§ 6218 and 6389, shall not own, possess, purchase, receive, or attempt to purchase or receive a firearm while the order is in effect. The court shall order a person subject to an order to relinquish any firearms he or she owns or possesses (see Civ. Proc. Code § 527.9). Sections 527.6(k)(2), 527.8(j)(2). Finally, any person who owns, possesses, purchases or receives, or attempts to purchase or receive, a firearm while an order is in effect is punishable pursuant to Penal Code § 12021(g). Civ. Proc. Code §§ 527.6(k)(3), 527.8(j)(3), Fam. Code § 6389(a).

Requirements for relinquishment of a firearm when required by Civ. Proc. Code §§ 527.6 or 527.8, Penal Code § 136.2, or Welf. & Inst. Code § 15657.03 are detailed in Civ. Proc. Code § 527.9. Persons subject to emergency protective orders under Penal Code § 646.91 also cannot own, possess, purchase or receive a firearm while the order is in effect. Section 646.91(n).

California also prohibits subjects of domestic violence protective orders from owning or possessing ammunition. Section 12316(b).

Surrender of Firearms by Persons Subject to Protective Order

Individuals subject to a protective order shall receive notice on the order itself that they are prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm while the protective order is in effect, and that any firearm owned or possessed shall be relinquished to the local law enforcement agency for that jurisdiction or sold to a licensed gun dealer. Section 12021(g)(3). Proof of surrender or sale of a firearm shall be filed within a specified time of receipt of the order. Id. The order shall also list the penalties for a violation of these prohibitions, and must state on its face the expiration date for relinquishment. Id. If probation is granted upon conviction of a violation, the court shall impose probation consistent with section 1203.097. Section 12021(g)(4).

Removal of Firearms and Incident Reporting by Law Enforcement

Every state law enforcement agency is required to establish a system for recording all domestic violence-related calls, and must include a written incident report for each call noting, among other things, whether a weapon was involved. Section 13730(a). Law enforcement officers responding to incidents of domestic violence must write a report on each incident and note on its face that it pertains to domestic violence. Section 13730(c). Reports must be completed on an agency-created domestic violence report form, and must include, among other information, notations of whether the officer or officers responding to the domestic violence call found it necessary, for the protection of the peace officer or other persons present, to inquire of the victim, the alleged abuser, or both, whether a firearm or other deadly weapon was present at the location, and, if there was such an inquiry, whether that inquiry disclosed the presence of a firearm or other deadly weapon. Section 13730(c)(3). Any firearm or other deadly weapon discovered by an officer at the scene of a domestic violence incident is subject to confiscation pursuant to section 12028.5. Section 13730(c)(3).

Law enforcement officers of any state or local agency who are at the scene of a domestic violence incident involving a threat to human life or a physical assault must take temporary custody of any firearm in plain sight or discovered pursuant to a consensual or other lawful search for the protection of the officers or other persons present. Section 12028.5(b). If any school or university peace officers initially take custody of a firearm, they are required to deliver the firearm within 24 hours to the city police department or county sheriff’s office in the jurisdiction where the university or school is located. Section 12028.5(c).

No confiscated firearm shall be held less than 48 hours. Section 12028.5(b). A confiscating officer must give the owner or person who possessed the firearm a receipt describing the firearm and listing any identification or serial number on the firearm. Sections 12028.5(b), 12028.7(a). The receipt must indicate where the firearm can be recovered, the time limit for recovery, and the date after which the owner or possessor may recover the firearm. Sections 12028.5(b), 12028.7(b). With limited exceptions, if a firearm is not retained for use as evidence related to criminal charges stemming from the domestic violence incident or is not retained because it was illegally possessed, it shall be made available to its owner or lawful possessor 48 hours after the seizure or as soon thereafter as possible, but no later than five business days after the owner or person in lawful possession of the firearm demonstrates compliance with section 12021.3 (relating to regaining control of a firearm in the possession of a law enforcement agency). Sections 12028.5(b), 12028.7(b). Section 12021.3(a) requires that the person claiming ownership or possession of a firearm in the custody of a court or law enforcement agency submit to a background check to determine whether he or she is eligible to possess a firearm.

One notable exception to the requirement that law enforcement return a firearm within five business days is where a law enforcement agency has reasonable cause to believe that the return of a firearm would endanger the victim or the person reporting the assault or threat. Section 12028.5(b), (f). In such situations, the agency shall advise the owner of the firearm or other deadly weapon, and within 60 days of the date of seizure, initiate a petition in superior court to determine if the firearm or other deadly weapon should be returned. Section 12028.5(f). For details concerning the hearing process to determine if a firearm should be returned following a domestic violence incident, see section 12028.5.

California prohibits any person from bringing or possessing a firearm, loaded or unloaded, upon the grounds of a public or private university or college campus, or any buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, which are contiguous or are clearly marked university property. Cal. Penal Code § 626.9(h), (i). Universities and colleges shall post prominent notices at primary entrances on non-contiguous school property stating that firearms are prohibited on that property. Id. Possession on university or college property is allowed only with the written permission of the university or college president, his or her designee, or equivalent authority. Id. Concealed weapons licensees are exempt from these prohibitions. Section 626.9(l).

California prohibits any person from possessing a firearm in a place that person knows, or reasonably should know, is a school zone. Cal. Penal Code § 626.9(b). "School zone" is defined as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to twelve, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. Section 626.9(e)(1).

Exceptions to the prohibition of possessing a firearm in a school zone may be granted:

By written permission of the school district superintendent, his or her designee, or equivalent school authority (section 626.9(b));
Within a place of residence or place of business or on private property, if that location is not part of the school grounds and the possession of the firearm is otherwise lawful (section 626.9(c)(1));
When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle (section 626.9(c)(2));
For the lawful transportation of any other firearm, other than a concealable firearm, in accordance with state law (section 626.9(c)(2));
When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety, per section 626.9(c)(3). This exception may not apply when the circumstances involve a mutual restraining order under Cal. Fam. Code § 6200 et seq; or
When the person is exempt from the prohibition against carrying a concealed firearm pursuant to section 12027(b), (d), (e), or (h) (pertaining to limited classes of persons possessing unloaded concealable firearms, or guards or messengers of common carriers or banks who, within the course of their employment, transport or deliver money, treasure, bullion, bonds or other valuables) (section 626.9(c)(4)).

Concealed weapons license holders are among the classes of persons exempt from this prohibition and may carry concealable firearms in schools or school zones. Section 626.9(l).

Any person who violates section 626.9(b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to twelve, shall be punished by imprisonment in the state prison for two, three, or five years. Section 626.9(f)(1). Additional penalties for a violation of section 626.9(b) are detailed under section 626.9(f), (g).

The principal or superintendent of a school or school system shall immediately suspend (and shall recommend expulsion of) any pupil that he or she determines has possessed, sold, or furnished a firearm to others, either at school or a school activity off school grounds. Cal. Educ. Code §§ 48900(b), 48915(c). Possession of a firearm must be "verified by an employee of a school district." Section 48915(c)(1). This provision "does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal." Id.

A superintendent or principal may also suspend and recommend for expulsion a pupil who possesses an imitation firearm. Section 48900(m). Under this provision, an "imitation firearm" is any replica of a firearm that is so substantially similar in physical properties to an existing firearm that a reasonable person would consider it a firearm. Id.

With limited exceptions, no person shall carry ammunition or reloaded ammunition onto school grounds. Section 12316(c).

All firearms transfers at gun shows must be processed through a licensed firearms dealer. Cal. Penal Code § 12071.4(b)(4). See the California Background Checks section. Licensed dealers ordinarily are permitted to sell firearms only from their licensed premises; however, section 12071(b)(1) provides an exception for sales at California gun shows that are not conducted from motorized or towed vehicles. Dealers operating at gun shows must still comply with all applicable laws, including local laws, regulations, and fees. Section 12071(b)(1)(B).

Section 12071.4 also provides that:

Gun show vendors may not display, possess, or offer for sale black powder, or any firearms persons are prohibited from possessing or selling;
Gun show vendors may not engage in any activities that incite or encourage hate crimes;
Gun show vendors must verify that all firearms in their possession at the show will be unloaded, and that the firearms will be secured in a manner that prevents them from being operated, except for brief periods when the mechanical condition of a firearm is being demonstrated to a prospective buyer;
Except for purposes of showing ammunition to a prospective buyer, ammunition may be displayed only in closed original factory boxes or other closed containers;
Prior to the gun show, each vendor shall provide to the gun show producer the names, driver's license or state-issued identification card numbers, and dates of birth of the vendor, the vendor's employees, and any other persons providing services to the public at the vendor's display space. The producer shall make the information available to law enforcement upon request;
No person at a gun show, other than security personnel or sworn peace officers, shall possess at the same time both a firearm and ammunition that is designed to be used with the firearm. Vendors having those items at the show for sale or exhibition are exempt from this prohibition;
Any member of the public who is under the age of 18 shall be accompanied by his or her parent, grandparent, or legal guardian;
All firearms carried into a gun show by members of the public shall be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag shall be attached to the firearm, prior to the person being allowed admittance to the show. The identification tag shall state that all firearms transfers between private parties at the show shall be conducted through a licensed dealer in accordance with applicable state and federal laws. Before the tag is attached to the firearm, the owner must print and sign his or her name and enter the number from his or her government-issued photo identification on the tag; and
All persons possessing firearms at the gun show shall have government-issued photo identification in his or her immediate possession and display it upon request to any security officer or any peace officer.

California also requires that persons who promote, produce, sponsor, operate, or otherwise organize a gun show ("producer") obtain a Certificate of Eligibility from the California Department of Justice (requiring a background check), and requires the producer to, among other things:

Certify that he or she is familiar with the provisions contained in sections 12071.1 and 12071.4 of the Penal Code;
Ensure that liability insurance is in effect for the duration of a gun show or event in a minimum amount of $1,000,000;
Provide an annual list of the gun shows or events the applicant plans to produce during the year for which the Certificate of Eligibility is issued, including the date, time, and location of the gun shows or events;
Prior to the commencement of a gun show or event, and within 48 hours of a written request by a law enforcement agency, make available to law enforcement having jurisdiction over the facility being used, a complete and accurate list of all persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms (A producer shall thereafter, upon written request, for every day the gun show or event operates, within 24 hours or another time specified by the requesting law enforcement agency, make available to the requesting law enforcement agency with jurisdiction over the facility, a current list of the persons, entities, and organizations that have leased or rented, or are known to the producer to intend to lease or rent, any table, display space, or area at the gun show or event for the purpose of selling, leasing, or transferring firearms);
Working with the facility manager where a gun show is to be held, prepare an annual event and security plan and schedule to be submitted to the Department of Justice and the law enforcement agency with jurisdiction over the facility that includes, at a minimum, the:

Type of shows or events including, but not limited to, antique or general firearms;
Estimated number of vendors offering firearms for sale or display;
Estimated number of attendees;
Number of entrances and exits at the gun show or event site;
Location, dates, and times of the shows or events;
Contact person and telephone number for both the producer and the facility;
Number of sworn peace officers employed by the producer or the facilities manager who will be present at the show or event; and
Number of non-sworn security personnel employed by the producer or the facility’s manager who will be present at the show or event;

Within seven calendar days of the gun show or event, submit a list of all prospective vendors and designated firearms transfer agents who are licensed firearms dealers to the Department of Justice for the purpose of determining whether these prospective vendors and designated firearms transfer agents possess valid licenses and are thus eligible to participate as licensed dealers at the show or event. The department shall examine its records and if it determines that a dealer's license is not valid, it shall notify the show or event producer of that fact prior to the commencement of the show or event;
Have written contracts with all gun show vendors selling firearms at the show or event;
Post signs in a readily visible location at each public entrance to the show containing, but not limited to, the following notices:

This gun show follows all federal, state, and local firearms and weapons laws without exception;
All firearms carried onto the premises by members of the public will be checked, cleared of any ammunition, secured in a manner that prevents them from being operated, and an identification tag or sticker will be attached to the firearm prior to the person being allowed admittance to the show;
No member of the public under the age of 18 years shall be admitted to the show unless accompanied by a parent, grandparent, or legal guardian;
All firearms transfers between private parties at the show shall be conducted through a licensed dealer in accordance with applicable state and federal laws;
Persons possessing firearms on this facility must have in their immediate possession government-issued photo identification, and display it upon request to any security officer or any peace officer;

Post, in a readily visible location at each entrance to the parking lot at the show, signage that states "The transfer of firearms on the parking lot of this facility is a crime";
Inform prospective gun show vendors of the requirements of sections 12071.1 and 12071.4 that apply to vendors.

Section 12071.1(a), (b), (f), (h), (j), (k), (n), (o), (p).

The event and security plan described above must be approved by the facility’s manager prior to the event or show after consultation with the law enforcement agency with jurisdiction over the facility. Section 12071.1(i).

A gun show producer must pay an annual fee of $85. Section 12071.1(d).

See the California Private/Secondary Sales section for additional laws that may apply at gun shows.

Gun tracing is the systematic tracking of firearms from manufacturer to purchaser for the purpose of aiding law enforcement in identifying firearm ownership and persons suspected of being involved in criminal activity. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") is the sole federal agency responsible for tracing firearms used in crimes and recovered at crime scenes.

California assists ATF by requiring sheriffs and police chiefs to submit descriptions of serialized firearms and non-serialized firearms that have been "uniquely inscribed" which have been reported stolen, lost, found, recovered, held for safekeeping, or under observation, directly into the California Department of Justice ("DOJ") automated property system for firearms. Cal. Penal Code § 11108(a). Firearm information shall remain in the system until the reported firearm has been found, recovered, is no longer under observation, or the record is determined to have been entered in error. Section 11108(b).

Whenever a police or sheriff's department recovers a firearm that is illegally possessed, has been used in a crime, or is suspected of having been used in a crime, it must report to DOJ, in consultation with ATF, all available information necessary to identify and trace the history of that firearm. Section 11108.3(a). Any other law enforcement agency or agent may report this information to DOJ. Id. DOJ must promptly forward this information to the ATF's National Tracing Center. Section 11108.3(b).

The Attorney General must ensure that the information he or she provides to ATF enables that agency to trace the ownership of the firearm, and that local law enforcement agencies are able to report all relevant information without being unduly burdened by the reporting function. Section 11108.3(d). DOJ is required to maintain the collected information for a period of at least 10 years, and shall make such information available for academic and policy research purposes. Section 11108.3(e).

California no longer provides legal immunity for the firearms industry.

On September 25, 2002, Governor Gray Davis signed legislation to repeal California Civil Code section 1714.4, a statute adopted in 1983 to provide special legal protection to the gun industry. That statute stated that, "[i]n a product liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged."

The Legislature moved to repeal section 1714.4 following the California Supreme Court’s decision in Merrill v. Navegar, 28 P.3d 116 (Cal. 2001), a case holding that section 1714.4 immunized an assault weapons manufacturer from a negligence action brought by the victims of the 101 California Street massacre. For more information about Merrill v. Navegar, click here.

On October 26, 2005, the federal Protection of Lawful Commerce in Arms Act ("PLCAA"), 15 U.S.C. §§ 7901 - 7903, became law. The PLCAA generally immunizes gun manufacturers, distributors, and dealers from liability whenever a person is damaged as a result of the "criminal or unlawful misuse" of a firearm, even if that criminal act or misuse is foreseeable because of industry negligence or recklessness. This sweeping legislation precludes most actions in state as well as federal court and requires the immediate dismissal of most lawsuits pending against the industry. The PLCAA also nullifies California’s repeal of section 1714.4.

The validity and scope of the PLCAA and its exceptions is being tested in courts across the country. In 2005, a federal district court denied a motion to dismiss a suit brought by the City of New York against gun manufacturers and distributors alleging a public nuisance, finding that the case was not precluded by the PLCAA. City of New York v. Beretta U.S.A. Corp., 401 F. Supp.2d 244, 298 (E.D.N.Y. 2005), appeal docketed, No. 05-6942 (2d Cir. argued Sept. 21, 2007). In 2007, the Court of Appeals of Indiana upheld the denial of a motion to dismiss a similar suit brought by the City of Gary Indiana. The court found that the PLCAA did not apply to the City’s case. Smith & Wesson Corp. v. City of Gary, 875 N.E.2d 422 (Ind. Ct. App. 2007). But see District of Columbia v. Beretta U.S.A. Corp., Nos. 06-CV-721, 06-CV-757, 2008 D.C. App. LEXIS 4 (D.C. January 10, 2008); and Ileto v. Glock, Inc., 421 F. Supp.2d 1274 (C.D. Cal. 2006), appeal docketed Nos. 06-56872, 07-15403, 07-15404 (9th Cir. Jan. 4, 2007) (both granting defendants’ motion for judgment on the pleadings under PLCAA).

The PLCAA’s provisions halted recent litigation against the gun industry in California. In Ileto v. Glock, Inc., 421 F. Supp. 2d 1274 (C.D. Cal. 2006), the U.S. District Court for the Central District of California dismissed negligence and public nuisance claims – based on the creation of a secondary market that targeted illegal firearm purchasers – against defendant firearm manufacturers and distributors Glock and RSR. The court held that plaintiffs’ claims were barred by the PLCAA, finding that the PLCAA applied to the claims, and that the claims did not fit into any of the PLCAA’s exceptions. That ruling is on appeal.

Previously, the U.S. Court of Appeals for the Ninth Circuit ruled that the negligence and public nuisance claims against defendants were valid claims and remanded the case to the district court for further proceedings. See Ileto v. Glock Inc., 349 F.3d 1191 (9th Cir. 2003). The Ninth Circuit allowed those proceedings to commence when a circuit panel voted to deny petitions for panel rehearing and rehearing en banc of the Ninth Circuit’s decision. Ileto v. Glock Inc., 370 F.3d 860 (2004). Ileto stems from the Jewish Community Center shootings in Granada Hills, California on August 10, 1999. Plaintiffs, whose family members were victims of the shootings, filed actions against the firearms manufacturers, dealers, and distributors of the firearms used in the shootings.

Finally, relating to sport shooting ranges, California Civil Code § 3482.1(b) provides:

(1) Except as provided in [§ 3482.1(f)], a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time.

(2) Except as provided in [§ 3482.1(f)], a person who operates or uses a sport shooting range or law enforcement training range is not subject to an action for nuisance, and a court shall not enjoin the use or operation of a range, on the basis of noise or noise pollution if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time.

Section 3482.1(f) provides that local jurisdictions may require that noise levels at the nearest residential property line to a range not exceed the level of normal city street noise, which shall not be more than 60 decibels for nighttime shooting.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

California law prohibits any person from manufacturing, importing into California for sale, offering for sale, giving or lending any "unsafe handgun." Cal. Penal Code § 12125(a). An unsafe handgun is any handgun that lacks an appropriate safety, that does not meet the state's firing requirement, or that does not meet the state's drop safety requirement. Section 12126.

California’s handgun firing requirement is a test in which the manufacturer provides three unmodified handguns, of the make and model for which certification is sought, to an independent testing laboratory certified by the Attorney General. Section 12127(a). The laboratory shall fire 600 rounds from each gun, stopping after each series of 50 rounds has been fired for five to ten minutes to allow the weapon to cool, stopping after each series of 100 rounds has been fired to tighten any loose screws and clean the gun, and stopping as needed to refill the empty magazine or cylinder to capacity before continuing. Id. The ammunition used shall be of the type recommended by the handgun manufacturer, or if none is recommended, any standard ammunition of the correct caliber in new condition that is commercially available. Id. A handgun model shall pass if each of the three test guns:

Fires the first 20 rounds without a malfunction that is not due to ammunition that fails to detonate ("malfunction" means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or reject a manufacturer-approved magazine, or failure of a pistol's slide to remain open after a manufacturer-approved magazine has been expended); and
Fires the full 600 rounds with no more than six malfunctions that are not due to ammunition that fails to detonate, and without any crack or breakage of an operating part of the handgun that increases the risk of injury to the user.

Section 12127(a)(1), (2).

Following the handgun firing requirements, the same certified independent testing laboratory shall subject the same three handguns to a series of six drop tests each, with a primed case (no powder or projectile) inserted into the chamber. Section 12128. The handgun model shall pass this test if each of the three test guns does not fire the primer. Id.

The California Department of Justice ("DOJ") publishes and maintains a roster listing all handguns that have been tested by a certified testing laboratory, determined not to be unsafe handguns, and that may be sold in California. Section 12131.

DOJ may retest up to five percent of handgun models listed on the roster annually. Section 12131(c). Three samples of each handgun model chosen shall be retested using ammunition recommended by the manufacturer that is commercially available and in new condition. Section 12131(d)(3). The Attorney General will remove from the roster any model that fails retesting. Section 12131(f). DOJ also maintains a list of handguns removed from the state roster.

An "unsafe handgun" also includes any pistol (defined under § 12001(a)) that:

For any center-fire semiautomatic pistol that is not already listed on the roster as of January 1, 2006, does not have either a chamber load indicator, or a magazine disconnect mechanism;
For all rimfire semiautomatic pistols that are not already listed on the roster as of January 1, 2006, does not have a magazine disconnect mechanism, if it has a detachable magazine; and
For all center-fire semiautomatic pistols that are not already listed on the roster as of January 1, 2007, does not have both a chamber load indicator and, if it has a detachable magazine, a magazine disconnect mechanism.

Section 12126(b)(4)-(6).

A "chamber load indicator" is a device that plainly indicates that a cartridge is in the firing chamber. Section 12126(c). A device satisfies this definition if it “is readily visible, has incorporated or adjacent explanatory text or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user’s manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber.” Id.

A "magazine disconnect mechanism" is a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. Section 12126(d).

Pursuant to section 12130(d), commencing on the applicable dates that pistols which do not have the required chamber load indicator and magazine disconnect mechanism will be deemed “unsafe handguns,” any pistols which do not possess these required indictors or mechanisms cannot be submitted for testing to be added to DOJ’s roster of handguns available for sale in California.

Beginning in 2010, semiautomatic pistols sold in California must have microstamping technology integrated into the pistol design, or the handgun will be deemed an "unsafe handgun." For more information on this groundbreaking technology, see the California Microstamping section.

For detailed DOJ regulations regarding laboratory certification and handgun testing procedures, see Cal. Code Regs. tit. 11, §§ 4047 – 4074.

Junk guns sold through private or secondary sales are not required to comply with the aforementioned state testing and listing requirements. See Penal Code §§ 12072(d) and 12132(a). For further information on private firearm transactions, see the California Private/Secondary Sales section.

California generally prohibits the manufacture, distribution, transportation, importation, keeping or offering for sale, giving, or lending of any .50 BMG rifle without a California Department of Justice ("DOJ")-issued permit. Cal. Penal Code § 12280(a). A .50 BMG rifle is defined as any center fire rifle that can fire a .50 BMG cartridge and that is not already an assault weapon or machine gun. Section 12278(a).

The state also prohibits the possession of a .50 BMG rifle unless it is registered in the name of the possessor. Section 12280(c). Any person in lawful possession of a .50 BMG rifle must have registered it with DOJ within the January 1, 2005 to April 30, 2006 registration period. Section 12285(a)(2). DOJ is authorized to charge a $25 registration fee. Id. Any person who has previously registered his or her .50 BMG rifle as an assault weapon is not required to register that firearm again. Section 12285(g)(2).

Registered .50 BMG rifles may be transported only between limited, specified locations and must be unloaded and in a locked container when transported. Section 12285(c)(7).

Section 12275.5(b) sets forth the dangers posed by the .50 BMG rifle:

The Legislature hereby finds and declares that the proliferation and use of .50 BMG rifles…poses a clear and present terrorist threat to the health, safety, and security of all residents of, and visitors to, this state, based upon findings that those firearms have such a high capacity for long distance and highly destructive firepower that they pose an unacceptable risk to the death and serious injury of human beings, destruction or serious damage of vital public and private buildings, civilian, police and military vehicles, power generation and transmission facilities, petrochemical production and storage facilities, and transportation infrastructure. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of these rifles and to establish a registration and permit procedure for their lawful sale and possession.

California law provides that the possession of a .50 BMG rifle in violation of state laws is a public nuisance. The Attorney General, any district attorney, or any city attorney may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the .50 BMG rifle that is a public nuisance. Section 12282(a). A superior court may impose a civil fine not to exceed $300 for the first .50 BMG rifle deemed a public nuisance, and up to $100 for each additional .50 BMG rifle deemed a public nuisance. Section 12282(b).

Any .50 BMG rifle deemed a public nuisance shall be destroyed, except upon finding by a court, or a declaration from the state Department of Justice, a district attorney, or a city attorney stating that the preservation of the .50 BMG rifle is in the interest of justice. Section 12282(c).

For additional information on fifty caliber rifles, see the Fifty Caliber Rifles policy summary.

California also prohibits any person, firm or corporation from possessing any:

Weapon greater than 0.60 caliber which fires fixed ammunition (other than a shotgun (smooth or rifled bore) that conforms to the definition of "destructive device" under 27 C.F.R. § 479.11); or
Rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device for such rocket or projectile.

Cal. Penal Code §§ 12301, 12303.

With limited exceptions, California law prohibits any person from manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, or lending any large capacity magazine. Cal. Penal Code § 12020(a)(2), (b). A "large capacity magazine" is defined as any ammunition feeding device with the capacity to accept more than ten rounds, but does not include any .22 caliber tube ammunition feeding device, any feeding device that has been permanently altered so that it cannot accommodate more than ten rounds, or any tubular magazine that is contained in a lever-action firearm. Section 12020(c)(25). California does not ban the possession of large capacity magazines.

Upon a showing of good cause, the California Department of Justice may issue permits for the possession, transportation, or sale of large capacity ammunition magazines between a licensed California firearms dealer and an out-of-state customer. Section 12079(a). This requirement applies for only the out-of-state importation and exportation of large capacity ammunition magazines, including the transportation of such magazines as necessary to complete a transfer to or from an out-of-state source. See Cal. Code Regs. tit. 11, § 5480.

Large capacity magazines may be manufactured for any federal, state, or local government or law enforcement agency, or for use by agency employees in the discharge of their official duties, whether on or off duty. Penal Code § 12020(b)(30). Large capacity magazines may also be purchased or loaned for the sole use as a motion picture, television or video prop. Section 12020(b)(31), (b)(32)(A). Such magazines may also be resold to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. Section 12020(b)(32)(C).

For additional large capacity ammunition magazine regulations, see Cal. Code Regs. tit. 11, §§ 5480 – 5484.

Handgun Safety Certificate

California requires any person purchasing or receiving a handgun to obtain a Handgun Safety Certificate ("HSC") and present the HSC to a firearms dealer prior to receiving the handgun. Cal. Penal Code §§ 12071(b)(8)(B), 12077(b)(1), 12800 et seq.

The HSC must contain, but is not limited to, the following information:

A unique handgun safety certificate identification number;
The holder’s full name;
The holder’s date of birth;
The holder’s driver’s license or identification number;
The holder’s signature;
The signature of the issuing instructor; and
The date of issuance.

Section 12806(a).

To obtain a HSC, an applicant must be age 18 or older and successfully pass an objective, written test with a passing grade of at least 75 percent. Sections 12803(b), 12805(a). The test must be administered by a California Department of Justice ("DOJ")-certified instructor. See sections 12801(a)(2) and 12804(d), (j) for certification requirements. DOJ is required to produce a HSC instructional manual for the test, in addition to the objective test itself, in both English and Spanish. Section 12804(a), (c). If the person taking the test is unable to read, the examination will be administered orally and, if the person is unable to read English or Spanish, the test may be applied orally by a translator. Section 12804(c)(1), (2).

If an applicant fails the objective test on the first attempt, he or she shall be offered additional instructional materials by the instructor. Section 12805(b). The applicant may not retake the written test until 24 hours have elapsed after the first attempt. Id. If the applicant desires to take a written test a second time, he or she will be given a different version of the test by the same instructor who administered the first test. Id.

Applicants will be charged a fee of $15, submitted to DOJ, and an instructor service fee of $10 or less, for a total HSC fee of no more than $25. Section 12805(c), (e). DOJ’s fee will be allocated to the DOJ Firearms Safety and Enforcement Special Fund. Section 12805(f).

If an individual’s HSC is lost or destroyed, the issuing instructor will issue a duplicate upon request and proof of identification, for which the instructor may impose a fee not to exceed $15. Section 12808.

Once issued, a HSC is valid for five years. Section 12806(b).

The dealer must retain photocopies of the purchaser’s HSC and residency documentation for compliance purposes. Section 12071(b)(8)(B), (b)(8)(C). With certain exceptions, any loan of a handgun requires that the recipient possess and present a valid HSC. Sections 12071(b)(8)(B), 12072(c)(5)(B). The dealer’s failure to comply with these provisions is a misdemeanor. Section 12072(g)(3)(D). Failure to comply may result in removal of the dealer from the California centralized list of firearms dealers. Section 12071(b).

Proof of California Residency

When a purchaser or transferee seeks to obtain a handgun, he or she must present documentation indicating California residency. Section 12071(b)(8)(C). Sufficient documentation includes a utility bill from within the last three months, a residential lease, a property deed, military permanent duty station orders indicating assignment within California, or other evidence of residency as permitted by DOJ. Id.

Safe Handling Demonstration

A firearms dealer is prohibited from delivering a handgun until the purchaser or transferee performs a safe handling demonstration with the handgun being purchased. Section 12071(b)(8)(D). Following the safe handling demonstration, the dealer shall sign, date, and retain an affidavit stating that the safe handling demonstration requirements have been met, and obtain the signature of the handgun purchaser on the affidavit. Section 12071(b)(8)(F). The affidavit serves as proof of the dealer’s compliance with the safe handling demonstration requirement. Id. For more information on the safe handling demonstration process, see the California Dealer Regulations section.

All firearms manufactured in California, or sold or transferred by a state licensed dealer, including private transfers conducted through a dealer, must be accompanied by a firearms safety device approved by the California Department of Justice (“DOJ”). Cal. Penal Code § 12088.1(a). A firearms safety device is any device, other than a gun safe, that locks and is designed to prevent children and other unauthorized users from firing a firearm. Section 12087.6(a). The device may be installed on a firearm or incorporated into the design of the firearm, or prevent access to the firearm. Id.

DOJ maintains a roster of all firearms safety devices tested by a DOJ-certified testing laboratory that meet state firearms safety device standards and may be sold in California. Section 12088(d). A certified testing laboratory, after receiving a firearms safety device from the manufacturer, is required to test the device and submit a copy of the final test report to DOJ along with the device. Section 12088(c). DOJ will then notify the manufacturer or dealer of its receipt of the final test report and of DOJ’s determination as to whether the device tested may be sold in California. Id.

DOJ may randomly retest roster samples obtained from sources other than the manufacturer to ensure compliance with the requirements of state law. Section 12088(f). Firearms safety devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and within the manufacturer’s original and unopened package. Section 12088(g).

Firearm sales and other transfers by dealers are exempt from the firearms safety device requirement pursuant to section 12088.1(d) if the purchaser or transferee:

Owns a gun safe that meets state standards, as set forth in section 12088.2 (providing standards addressing the risk of injury from unintentional and self-inflicted gunshot wounds by minors and unauthorized users, and ensuring that all gun safes are of adequate quality and construction to prevent such risks); and
Presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the safe to the dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealer’s record of sales of firearms.

Firearm sales and transfers by dealers are also exempt under section 12088.1(e) if all of the following apply:

The purchaser or transferee has purchased an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm;
The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm;
The purchaser or transferee presents an original receipt to the firearms dealer which shows the date of purchase, the name, and the model number of the safety device;
The firearms dealer verifies that the aforementioned three requirements have been satisfied; and
The firearms dealer maintains a copy of the receipt along with the dealer’s record of sales of firearms.

In California, no person shall keep for commercial sale, offer, expose for commercial sale, or sell any firearms safety device that is not listed on the DOJ-approved roster of safety devices, or that does not comply with the firearms safety device standards in section 12088.2. Section 12088.15(a). In addition, no person may distribute, as part of an organized firearm safety program, any firearm safety device that is not listed on the DOJ-approved roster or that does not comply with the standards of section 12088.2. Section 12088.15(b). Anyone violating these provisions may incur a civil fine of up to $500 for a first violation, and additional fines of $1,000 for a second violation occurring within five years of the first, and of $5,000 for a third or subsequent violation occurring within five years of two or more previous violations. Section 12088.15(e). If a second violation is committed by a licensed firearms dealer, the dealer shall be ineligible to sell firearms in California for 30 days. Id. If a third violation is committed by a licensed dealer, he or she will be permanently ineligible to sell firearms in California. Id.

If DOJ determines that a firearms safety device sold after January 1, 2002 does not meet DOJ-approved roster safety standards, it may order the recall and replacement of the device, or order that the device be brought into conformity with those requirements. Section 12088.4. If the firearms safety device cannot be separated from the firearm without damaging the firearm, DOJ may order the recall and replacement of the firearm. Id. If the device can be separated and reattached to the firearm without damaging the firearm, the licensed manufacturer or a licensed dealer must immediately provide a replacement. Section 12088.4.

Pistols designed expressly for use in Olympic target shooting events that would normally fall within the definition of “unsafe handgun” under section 12126(b)(3) are exempt from state handgun testing requirements. Section 12132(h)(1). DOJ must create a program that exempts any qualifying new models of competitive handguns from state testing requirements and/or assault weapon regulation. Section 12132(h)(3). USA Shooting, the national governing body for international shooting competition in the United States, or any other organization whom DOJ deems relevant, may recommend handgun models for DOJ evaluation. Id.

Furthermore, the state handgun testing requirements do not apply to the sale, loan, or transfer of any semiautomatic pistol that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in such production while engaged in making that production or event, or by an authorized employee or agent of the entity producing that production or event. Section 12132(i).

Finally, pursuant to sections 12126(b)(4)-(6) and 12130(d), California requires that all new pistols authorized by DOJ for sale be equipped with both: 1) chamber load indicators; and 2) magazine disconnect mechanisms if the pistol has a detachable magazine (rimfire automatic pistols are not subject to the chamber load indicator requirement). Section 12126(b)(5). Any pistol lacking such devices will be deemed an "unsafe handgun," and cannot be submitted for testing to be added to DOJ’s roster of handguns available for sale in California. Id. For further information, see the California Junk Guns/Saturday Night Specials section.

For other measures relating to locking devices, see the California Child Access Prevention section.

DOJ’s regulations regarding certified firearms safety laboratories, firearms safety device testing and standards, and standards for gun safes are detailed in Cal. Code Regs. tit. 11, §§ 4080 – 4109.

State administrative regulations govern the safe storage of firearms, including the use of trigger locks or removal of firing pins, in:

Residential care facilities for the elderly (Cal. Code Regs. tit. 22, § 87692);
Residential care facilities for the chronically ill (Cal. Code Regs. tit. 22, § 87887(h)); and
Foster family homes (Cal. Code Regs. tit. 22, § 89387.2(a)).

Finally, California Penal Code § 12088.8(b) provides that "[n]othing in this article shall preclude local governments, local agencies, or state law enforcement agencies from requiring their peace officers to store their firearms in gun safes or attach firearms safety devices to those firearms."

*New Legislation Alert* See LCAV's Recent Developments in State Law page.

Persons with specific mental health issues are barred by California law from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearm. Cal. Welf. & Inst. Code §§ 8100 and 8103. California searches in-state mental health records in connection with all firearm transfers. Cal. Penal Code § 12076.

With certain limited exceptions, courts must immediately report to the California Department of Justice ("DOJ") when they adjudicate someone to be a danger to others as a result of a mental disorder or mental illness, a mentally disordered sex offender, not guilty of a crime by reason of insanity, or mentally incompetent to stand trial. Welf. & Inst. Code § 8103(a)(2), (b)(2), (c)(2), (d)(2). Mental health facilities must immediately report to DOJ whenever, as a result of a mental disorder or impairment by chronic alcoholism, any individual is taken into custody and determined to be a danger to himself, herself or others, or gravely disabled. Section 8103(e)(2), (3).

Licensed psychotherapists also are required to report to local law enforcement the identity of a person who communicates a serious threat of physical violence against a reasonably identifiable victim or victims. Sections 8100(b), 8105(c). The Department of Mental Health and mental health facilities in the state must also make available to DOJ all records pertinent to whether a person receiving inpatient treatment is a danger to self or others, even if that person consented to the treatment. Section 8100(a). The reports from mental health facilities, the Department of Mental Health, and psychotherapists may only be used to determine the person’s eligibility to possess a firearm. Section 8105(d).

See the California Background Checks section for additional information regarding mental health-related prohibitions.

California requires law enforcement to confiscate weapons under the possession or control of any person who:

Has been detained or apprehended for examination of his or her mental condition (Welf. & Inst. Code § 8102);
Is or has been treated for a mental illness or disorder (§ 8100(a));
Communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims (§ 8100(b));
Has been adjudicated to have a mental illness or disorder (§ 8103(a));
Has been found not guilty by reason of insanity (§ 8103(b), (c));
Has been found by a court to be mentally incompetent to stand trial (§ 8103(d));
Has been placed under conservatorship because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism (§ 8103(e)(1));
Has been:

Taken into custody and placed in a county mental health facility for treatment and evaluation because he or she is a danger to himself or herself or others as a result of a mental disorder (§ 5150);
Assessed by a professional in charge of the facility to determine the appropriateness of the voluntary detention, and whether the patient can be properly served without being detained (§ 5151); and
Admitted to a facility pursuant to sections 5151 and 5152 because the individual is a danger to himself or herself or others (see § 8103(f)); or

Has been involuntarily committed for intensive treatment pursuant to sections 5250, 5260, or 5270.15 (see section 8103(g)(1)).

Section 8102.

Law enforcement shall, upon confiscation, retain custody of the firearm and notify the individual of the procedure for return of the firearm. Section 8102(b).

Upon release from a mental health facility, the health facility personnel shall notify the individual of the procedure for the return of a confiscated firearm. Section 8102(b). Health facility personnel also must notify the confiscating law enforcement agency of the release of the detained individual, and shall document that the facility provided notice regarding the procedure for return of any confiscated firearm. Id. The administrative procedures regarding the return of a firearm after an individual's release from a mental health facility are detailed under section 8102(c)-(g).

In 2007, California became the first jurisdiction in the nation to require handgun microstamping. The Crime Gun Identification Act of 2007 will require, on January 1, 2010, that all new models of semiautomatic pistols manufactured for sale in the state be designed and equipped with a microscopic array of characters that identify the make, model, and serial number of the pistol, etched in two or more places on the interior surface or internal working parts of the pistol, and that are transferred by imprinting on each cartridge case when the firearm is fired. Cal. Penal Code § 12126(b)(7). These provisions are subject to specified certification procedures by the California Department of Justice, and are part of California’s unsafe handgun provisions. For further information, see the California Junk Guns/Saturday Night Specials section.

Using California’s handgun purchaser database, law enforcement will be able to match a cartridge case found at a crime scene to the individual who purchased the handgun. The technology is a valuable crime-fighting tool because it helps law enforcement solve gun crimes where the actual firearms have not been recovered.

Under California law, no person, corporation or firm shall sell, loan, or transfer a firearm to a minor (while undefined for the purposes of this prohibition, likely meaning a person under age 18). Cal. Penal Code § 12072(a)(3). California also prohibits a person, corporation or firm from selling a handgun to anyone under age 21. Id. In addition, any person, corporation or dealer may not sell ammunition or reloaded ammunition to a purchaser under age 18 (or under age 21 in the case of handgun ammunition). Section 12316(a)(1).

Section 12101(a)(1), (b)(1) prohibits minors from possessing a handgun or handgun ammunition. While the California Penal Code does not define the term "minor" as used in section 12101, it appears to mean persons under age 18 when read in context with other weapons provisions contained in the Penal Code (e.g., a person must be at least age 18 to obtain a Handgun Safety Certificate (§ 12803(b)); ammunition may not be sold to any purchaser under age 18 (§ 12316(a)(1))). Exceptions to the prohibitions under section 12101 include situations where a parent or legal guardian is present or has consented to the possession. Section 12101(a)(2), (b)(2). Generally, the firearm-related activities in which minors may engage involve recreational sports, including, but not limited to, competitive shooting; agricultural, ranching, or hunting activities; and any motion picture, television, or video production, or entertainment or theatrical events, the nature of which involves the use of a firearm. Id. Any minor who violates the provisions prohibiting the possession of a handgun, or previously has been found guilty of violating firearms possession restrictions, may be sentenced to a term in the state prison or county jail. Section 12101(c)(1).

For other provisions related to children and firearms, see the California Child Access Prevention section.

There is no minimum age to possess rifles and shotguns in California.

No person shall apply to purchase more than one handgun within any 30-day period. Cal. Penal Code § 12072(a)(9)(A). Also, no licensed firearms dealer shall deliver a handgun to anyone following notification from the California Department of Justice that the purchaser has applied to acquire a handgun within the preceding 30-day period. Section 12072(c)(6). These restrictions do not apply to firearm transactions between private parties. Section 12072(a)(9)(B)(viii).

Under section 12071(b)(7)(F), firearms dealers are required to post conspicuously in their licensed premises a warning, in block letters at least one inch in height, that notifies potential purchasers of the prohibitions on applications to purchase and dealer delivery of handguns within any 30-day period.

California defines a "BB device" as any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. Cal. Penal Code § 12001(g).

Any person who sells any BB device to a minor (a person under age 18) is criminally liable for a misdemeanor. Section 12551. Any person who furnishes any BB device to a minor without the permission of the minor's parent or legal guardian is criminally liable for a misdemeanor. Section 12552.

California prohibits any person from possessing any "instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO[2] pressure, or spring action, or any spot marker gun" on the grounds of or within any public or private school providing instruction in kindergarten or grades one through twelve, unless the possessor has the written permission of the school principal. Section 626.10(a), (f).

An "imitation firearm" is any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. Section 12550(c).

The state generally prohibits all persons from openly displaying or exposing any imitation firearm – including a BB device, per section 12550 – in a public place. Section 12556(a). Furthermore, any person who, except in self-defense, draws or exhibits an imitation firearm in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm, is criminally liable for a misdemeanor. Section 417.4.

Any person who, for commercial purposes, purchases, sells, manufactures, ships, transports, distributes, or receives by mail order or in any other manner, an imitation firearm shall be liable for a maximum civil fine of $10,000 for each violation. Section 12555(a). This prohibition does not prevent the manufacture, purchase, sale, shipping, transport, distribution, or receipt, by mail or in any other manner, of imitation firearms:

Solely for export in interstate or foreign commerce;
Solely for lawful use in theatrical productions, including motion picture, television, and stage productions;
For use in a certified or regulated sporting event or competition;
For use in military or civil defense activities, or ceremonial activities; or
For public displays authorized by public or private schools.

Section 12555(b).

As used in section 12555, "imitation firearm" does not include:

A nonfiring collector's replica that is historically significant and offered for sale in conjunction with a wall plaque or presentation case;
A BB device per section 12001(g); or
A device where the entire exterior surface is white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or where the entire device is constructed of transparent or translucent materials which permits unmistakable observation of the device's complete contents, per federal regulations governing imitation firearms.

Section 12555(c).

Any person who changes, alters, removes, or obliterates any coloration or markings required for any imitation firearm or device described in section 12555(c) in any way that makes the imitation firearm or device look more like a firearm is criminally liable for a misdemeanor. Section 12553(a)(1). This provision does not apply to any manufacturer, importer, or distributor of imitation firearms, or to the lawful use in theatrical productions. Section 12553(a)(2).

Section 12554(a) requires that any imitation firearm manufactured after July 1, 2005 have, at the time of offer for sale in California, a conspicuous advisory in writing as part of the packaging, stating that: 1) the product may be mistaken for a real firearm by law enforcement officers or others; 2) altering the coloration or markings required by law to make the product look more like an actual firearm is dangerous and possibly illegal; and 3) brandishing or displaying the imitation firearm in public may cause confusion and be a crime. Any manufacturer, importer, or distributor that fails to comply with this requirement is liable for maximum civil fines of $1,000 for the first violation, $5,000 for the section violation, and $10,000 for the third and subsequent violations. Section 12554(b).

No relevant statutes currently exist.

When neither party to a transaction is a licensed firearms dealer, firearms transfers must be completed through a licensed dealer. Cal. Penal Code § 12072(d). Cal. Code Regs. tit. 11, § 4032. To complete such transactions, the seller or transferor must provide the firearm to the dealer, who will deliver the firearm to the purchaser or transferee following a background check and expiration of the mandatory state waiting period, unless the transferee is prohibited from purchasing or possessing firearms, or the dealer is otherwise notified by the California Department of Justice ("DOJ") that the sale or transfer may not proceed. Section 12082(a). If the dealer cannot deliver the firearm to the purchaser or transferee, the dealer must determine whether the private seller or transferor is prohibited from possessing a firearm. Id. If the seller or transferor does not fall into a prohibited class, the dealer must immediately return the firearm to that party. Id. In the event the seller or transferor does fall into a prohibited class, the dealer cannot return the firearm to that party, and must deliver the firearm to the sheriff of the county or to the chief of police of any city in the county in which the dealer operates. Id.

This provision does not apply to the state’s one-gun-a-month law (§ 12072(a)(9)), certain government-sponsored programs (§ 12078(a)(6)-(8)), licensed firearms manufacturers and importers (§ 12078(b)(1)), infrequent transfers between immediate family members (§ 12078(c)), transfers by operation of law under section 12078(i) (although transferees receiving a handgun in this manner must report to DOJ the receipt of the firearm within 30 days, and obtain a Handgun Safety Certificate; see the California Licensing of Gun Purchasers/Owners section), donations made to non-profit auctions (§ 12078(g)), or certain loans involving firearms (§ 12078(d), (h)).

Licensed firearms dealers who do not sell, transfer, or stock handguns are exempt from processing private party handgun transactions. Section 12082(c). Dealers must continue to conduct private party long gun transactions.

A person, corporation, or dealer is prohibited from transferring a firearm to a person the seller "knows or has cause to believe" is not the actual purchaser or transferee of a firearm (such a person is known as a "straw purchaser" – someone not in a prohibited category who buys firearms on behalf of a convicted felon, juvenile or other prohibited purchaser), or to a person prohibited by law from owning, possessing, or controlling a firearm. Section 12072(a)(4).

The state prohibits any person from knowingly supplying, selling, giving, or allowing the possession or control of, any firearm to a person listed under the prohibitions of California Welfare & Institutions Code §§ 8100 or 8103 (providing that persons with specified mental health issues may not purchase or possess firearms; see the California Background Checks section). Section 8101.

In addition, a person, corporation, or firm is prohibited from selling, loaning, or transferring a firearm to a minor (while undefined, likely meaning a person under age 18). Cal. Penal Code § 12072(a)(3). Such sellers are also prohibited from transferring a handgun to anyone under 21 years of age. Id. No person, corporation, or dealer may sell ammunition or reloaded ammunition to a purchaser under age 18 (or under age 21 in the case of handgun ammunition). Section 12316(a)(1).

Concealable Firearms

Pursuant to California Penal Code § 11106(c)(1), the Attorney General shall maintain a permanent registry of all information pertaining to the sale or transfer of handguns reported to the California Department of Justice ("DOJ") in accordance with sections 12071, 12072, 12078, 12082, former section 12084, and any other law.

Section 11106 permits information contained in the DOJ registry of handguns, generated by the Dealer Record of Sales ("DROS") forms, to be furnished to, inter alia, prosecutors, district attorneys, city attorneys prosecuting civil actions, and law enforcement for use in the arrest and prosecution of criminals and in the recovery of lost, stolen, or found property. Sections 11105(b), (c), 11106(a), (c)(3).

Long Guns

California’s Attorney General must not maintain certain registries for long guns. The Attorney General must not retain or compile any information for firearms that are not handguns from: 1) reports filed pursuant to section 12078(a) (these are dealer reports to DOJ for transfers of firearms to full-time, paid peace officers; see § 12077(b), (c) for specific information that must be contained in the sales register or record of electronic or telephonic transfer to DOJ); 2) Law Enforcement Firearms Transfer ("LEFT") forms submitted pursuant to former section 12084 (which had authorized law enforcement agencies to conduct firearm transfers as an alternative to licensed dealer transfers; this provision was repealed in 2005); and 3) DROS forms. Section 11106(b)(1).

For firearms that are not handguns, all copies of DROS or LEFT forms or any information received by DOJ in electronic form shall be destroyed within five days of clearance by the Attorney General, unless the purchaser or transferor is ineligible to take possession of the firearm. Id. All copies of the reports filed, or any information received in electronic form, pursuant to section 12078(a) for firearms that are not handguns shall be destroyed within five days of the receipt by the Attorney General, unless retention is necessary for use in a criminal prosecution. Section 11106(b)(1).

A peace officer, the Attorney General, a DOJ employee designated by the Attorney General, or any authorized local law enforcement employee shall not retain or compile any information from a firearms transaction record, as defined in section 12071(c)(4)(A), for firearms other than handguns, unless the retention or compilation is necessary for use in a criminal prosecution or proceeding to revoke a retail firearms dealer license issued pursuant to section 12071. Section 11106(b)(2).

Assault Weapons/.50 BMG Rifles

Section 12285 provides that any person who lawfully possessed an assault weapon or .50 BMG rifle prior to the date possession of the specific assault weapon or .50 BMG rifle became illegal, and who sought to keep the firearm, must have registered the firearm with DOJ within a specific time period designated by statute. See the California Assault Weapons and Large Caliber Firearms sections for further information.

No relevant statutes currently exist.

Pursuant to California Penal Code sections 12071(b)(3)(A) and 12072(c)(1), no licensed dealer shall transfer or deliver a firearm to a person within ten days of the latter of:

The application to purchase the firearm;
The submission of any correction to the application, after notice from the California Department of Justice (“DOJ”) that an application is inaccurate or incomplete to either identify the purchaser or the firearm to be transferred; or
The submission of any fee required, after notice from DOJ that the required fee has not been transmitted.

Once the dealer or law enforcement agency submits to DOJ any application correction or required fee, the dealer or law enforcement agency is required to deliver the firearm to the purchaser ten days after submission of the correction or fee. Sections 12071(b)(3)(A), 12072(c)(1), and 12076(d), (e).

These provisions do not apply to certain transfers between dealers where the firearms are not intended as merchandise in the dealer’s business, or to transfers involving curios or relics as defined under federal law. Section 12078(b)(1), (n), (t).